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Full text of "Cobbett's complete collection of state trials and proceedings for high treason and other crimes and misdemeanors from the earliest period to the present time ... from the ninth year of the reign of King Henry, the Second, A.D. 1163, to ... [George IV, A.D. 1820]"

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sa 


St€^te   Trials. 


VOL.  X. 


^ 


COBBETT'S 

I     ••     •    .    •./ 

Q  MP  LCt:£  :d:6.i.L:E:  CrT,!  o  n 

•  ••  •••    •••••»_»•«•••••  • 

:  ::•.::•- ;:..d.j?-..:  :  V 

•••••      •      ••••••••       • 

State  Trials 


AND 

PROCEEDINGS   FOR   HIGR  TREASON   AND   OTHER 
^  CRIMES  Aiq)  MISDEMEANORS 

FROM  THE 

EARLIEST  PERIOD  TO  THE  PRESENT  TIME. 


VOL.   X. 
A.D.  1680—1685. 


LONDON; 


l>mKT£3>  BY  T.  C.  HANSARD,  PETERBOROUGH-COURT,  FLEET-STREBT : 

,  LONGMAN,    HUKST,  BEES,  ORME,  &  CO. ;  J.  RICHARDSON  ;  BLACK, 
FABRY,  &  KINGSBURY;  J.  tfATCHARD;  E.  LLOYD;  4,  BUDD;# 
J.  FAULDER;  J.  BOOKER;  CRADOCI^  &  JOier 
E.  JEFFERY;  AND  T.  C.  HANSURD. 


1811. 


•  •  •  • 


it\H'.<r>H 


# 


«t* 


TABLE   OF  CONTENTS 

TO 

VOLUMi:  X. 


%^   The  new  Anieks  are  marked  {N.] 

305.  Proceedings  tgdiut  james  hollowat,  in  the  Kng'f 

Bench,  on  an  Oodawry  for  High  iVeasoii,  April  21,  a.  d.  1684  •••    '    1 

306.  Ibe  Trial  of  WILLIAM  SAC9IEVERELL  and  Nineteen  others,  at 

the  King's-Bencb,  for  a  Riot  committed  at  Nottingham^  ^  n.  1684      90 

The  CASE  of  the  CORPORATION  of  NOTlTNGHAM,  U  it 
was  stated  by  the  late  William  Sacbbysrbll,  .  of  Bar* 
ton^esq • •••.••iUt.«*....      96 

307.  Proceedings  against  Sir  THOMAS  ARMSTRONG,  in  the  King*!- 

Bench,  upon  an  Outlawry,  for  High  Treason,  a.  d.  ifis^   4..     106 

Remarks  upon  the  AWARD  of  Execution  against  Sir  THOMAS 
ARMSTRONG;  by  Sir  John  Hawlbs,  Solicitor-General  in 
the  Reign  of  William  the  Third 1S3 

308.  Prpceedings  on  ti  Writ  of  Inquiry  of  Damages  betwaen  his  Royal 

Highness  JAMES  Duke  of  YORK,  in  an  Action  upon  the  Statute 
de  Scaadalis  Magnatum,  and  TITUS  GATES,  in  the  King's- 
Bench,  a.  d.  1684 186 

30O.     The  Trial  of  THOMAS  ROSEWELL,  a  Dissenting  Teacher,  at  the 

KingVBench,  for  High  Treason,  a.  d.  1684 147 

na     The  Trial  of  JOSEPH  HAYES,  at  the  King's-Bench,  for  High 
Treason,  in  corresponding  with  Sir  Thomas  Armstrong,  an  Outlaw 
.  br  High  Treason,  a.  d,  1684 ..^.tt.*.* .r...    907 


State   Trials. 


VOL.  X. 


OBBETT'S 

fCOMPLETE    COLLECTION 

or 

State    Trials. 


301  Proceedings*  against  James  HoLiowAV,t  in  the  Kings- 
Bench,  on  an  Outlawry  for  High  Treason:  36  Ciiables  II, 
April  21,  A.D.   16S4, 


HtH  ntauidt 


» ibc  Kctfpcr  oi"  bis  i\Ja|C5ty'«  gnol  of 
_!!,  to  bring  thillier  die  body  of  Jumei 
nfim^r,  ihrnn  in  bit  custotlyi  %i  ghetf  cauie 


•Tlwfisii    *  "f  thisctSRe  in  3  Wod, 

*  41 ;  wIncI  Mt  joks  irft'TTfcl  to,  in 

I     f  **8oili^  time  in  the  sprincj-  dglity  four, 

iBMbir&^  W29  tflk^M  iti  the  \\>*Jt   Inilies,  nml 

rpr.      TTe  xru^  under  an  Onihiuiy  tor 

T^  !  oeyf^ncrftl  offeiTd  hYm  a 

*1  iJul  he  u'lis  prrvrtiJed  on, 

StV  bo|»f  fit  n  |niriliii»,  to  suhmJl  hw\  rfuifcss 
bfloT'*^'.     If  r-  ^nid,  hr  was  drawn  into  s<^nic 
•»'                                            led  how  to  raise 
tec                                             Mho  more  had 
■iuutt                         u  ik-sjgi*  fr»r  feu^izint^  on 
!p  of  some  ihat  \fore  to 
MO  i\if  tt\  n*.n^i  I                  r'       1       1  !d<'d, 
tetiiev  hud  nctrr  fii  it. 

Ik  mJ^  n!  *'"•''■  ,.i  t^vir , 

tad  Wot  ;in^  of  lo, 

kasa^  WTf4  u.^.  ......      i,.ij  that  he  L.. 

OMmd  into  nnr  di^ounic  with  them  U|K>n  that 
m/kjert:  And  fjr  (!id  not  bt^]teve,  there  were 
•INe  I  ;t  approved  of  it.     These 

West  :»  UttmMd,  and  his  bro* 

Ukr:  The  iBlh  pmon  is  not  named  ra  the 
taibiltd  relatian,  Home  said,  it  was  Fei-jjuiion : 
ihlwn  Mi4,  it  wrtsf  G*HKlefnmigb.  Jiollow-ay 
Ihniftfht  hj'  the  iviurf  n*»i  to  be  since  re  in 
.  hat  tic  had  ac- 
*j«thy,  he  wai 
i,  miu  Miro  >v>iii  ;t  nnti  niuvtoiiey.  H^ 
«ei  emi  pfVKnoe  uf  inind.  He^Mcrved 
pmafity  tJnt  wu  evitkst  in  miTtngitig 
rot.  x- 


i 


w hy  execuii(m  should  not  h**  riuardf^*!  npnn  im 
Outlawry  for  High  TrwiBon  ; I  i     The 

Keeper  of  New|faie»  aceori:i    ,  r  com- 

mand of  the  writ,  bronght  hint  ihi»  iluy  to  thft 
bar  of  the  said  court,  where  he  warn  proceeded 
against  io  thi»  mauuer. 

tiii^  pUit,  dilfcrent  from  what  had  appealed  in 
manag^nu  the  Popish  plot.  The  same  men 
wlio  %vere  calJed  ro|fuc!i,  when  they  swons 
ac^inst  papi!it»f  were  Uwkei!  on  as  honest  men 
uhen  they  turned  their  evidence  n^foinst  Pro- 
testants. In  all  his  answers  lo  the  sheriffs, 
who  at  the  place  of  execution  troubled  hitn 
with  many  impertinent  question;;,  he  answered 
them  witn  so  much  life,  and  yet  with  sn  much 
temper,  that  it  appeared  he  was  no  ordinary 
man.  J  J  in  speech  was  suppressed  for  some 
days:  But  jt  broke  out  at  last.  Ih  it  hewc- 
pre^ed  a  deep  sense  of  religion  •  Ihs  prayer 
was  an  excellent  *  The  ct^edii  «if 

the  Rye  Plot  receh  Idow  by  his  con- 

fession.    All  that  disrimi-sv  ;.'    ^  c- 

tioo,  in  w^hich  the  doy  was  r  »* 

peared  now  to  be  a  fiction ;  sum*:  .»ii>nn  >iud 
been  so  httle  taken  eare  of,  that  three  pernio nA 
hud  only  undertaken  to  dispose  people  lo  that  de- 
.*»ign,  but  had  not  yet  lei  it  out  lo  any  of  them. 
So  tliat  it  na<i  plain, that  after  all  the  storj  they 
had  made  of  the  plot^  it  had  gone  no  further^ 
than  that  a  company  of  ^itious  and  inconai- 
derable  |»etisons  were  framing"  among'  tbein* 
selves  some  treasonable  schemes,  tliat  were 
never  likely  to  come  to  any  thing ;  fttul  that 
Rumsey  and  We«t  bad  pushed  on  tlie  exe- 
crable desiigTi  of  the  assassination,  in  whieh^ 
iliough  there  were  few  that  agrec^d  to  it,  yet 
ipo  many  had  heard  i%  from  them,  who  were 
both  BO  fooHah,  and  so  wicked »  a^  tiot  to  dis* 
corer  th«m.**  Buntet;  p.  570. 
B 


I 


I 

I 


STATE  TRIALS,  36  Ch aklbs  II.  \6U.^Pi'oceedings  against  J.  BollMay.    [4 

Ait,  Gen.  It'  yuur  Innlsliip  please,  the  iii- 
dictiiient  iimy  be  read  to  bini,  that  he  may  un- 
dcrst:)n(I  wbut  it  is,  and  may  not  go  bhnd  to 
oxpLMition. 

L.  C,  J.    Ay,  M\\  Attorney,  if  you  pic 
let  it  be  so. 

CLof'Cr,  Reads.  "  The  jurors  being  I 
to  enquire  for  our  sovcmyn  lord  the  king,  and 
the  ho<ly  of  the  county  of  the  city  of  LondoD, 
upon  their  oaths  prcst'iil.  That"— ^[And  f 


3J 

Tlie  rrturn  of  the  writ  of  Habeas  Corpus  was 
first  read. 

67.  of'Cr,  James  llolloway,  hold  up  thy 
hand.  [VMiirh  he  did.]  Thou  hast  been  in- 
dicted in  I^mdon,  by  the  name  of  James  Hol- 
loway,late  nf  JjODdon,merchant,fov  High  Trea- 
son by  thee  oommitted,  touching  the  kinff's 
.  majes^'s  person,  and  the  gori;mment  of  this 
his  kingdom  of  Kii<j:laud,  and  for  not  appearing 
and  aubwerin^rthbt  indic*tment,  by  due  process 
of  law,  upon  the- indictment  thou'standest  out- 
lawed, and  upon  that  outlawry  thou  standest 
atuinted  of  the  same  high-treason ;  What  hast 
thou  to  say  for  thyself  why  execution  jihould 
not  be  awarded  against  thee  upon  tliat  attainder 
by  this  court  according  to  law  ? 

Huilowaj/.  My  lora,  1  have  been  a  great 
while  alxsent,  and  know  not  what  hathoeen 
done  in  this  matter,  or  proved  against  me. 

Lord  C/iief  Justice.  (Sir  George  Jefferies.) 
Yes,  you  have  l>een  absent  so  longlt  seems,  tliat 
}  ou  now  stand  outlawed,  and  thereby  attainted 
of  iiigh  treason  ;  there  is  nothing  now  remains 
with  tbe  court,  but  only  to  make  a  rule  lor 
your  execution 

Huiiuuuy.  If  an  ingenuous  confession  of  the 
trutli  will  'merit  the  king's  pardon,  then  sure  1 
have  done  it. 

L.  C.  J.  For  that  matter  we  arc  not  to  dis- 
pose of  the  kind's  mercy,  he  will  dispcwe  of  hi« 
own  mercy  as  he  shall  think  fit.  Is  Mr.  At- 
torney iutliehall? 

Crier.  Yes,  my  lonl,  ho  is. 

X#.  C.  J.  Then  pia^  M^iid  for  him. 

Which  was  done,  and  in  a  littlo  time  after  he 
came  into  courc. 

L.  C.  J.  Mr.  Attoruc}',  here  is  the  pri«oner 
at  the  bar,  Holloway. 

Att,  (Jen,  (Sir  liobert  Sawvi-r.)  Yes,  my 
k)rd,  I  see  he  is.  Sir  tSamuei  Astry,  have  you 
iLe  record  there? 

CL  of'Cr,  .Yes,  Sir. 

X.  C,  J,  It  has  been  road  to  liim,  Mr.  At- 
torney. 

An.  Gen.  My  lord,  I  would  know  %%liat  ho 
«aith  that  execution  should  not  be  awanlr^it. 

/..  C  J.  He  talks  of  disc^overirs  ntu\  coo- 
tiessions,  which  wo,  you  know,  cannot  take  any 
iiptice  of;  ask  him  ai^ain. 

CL  ql'Cr.  Hast  tiiou  any  tbioff  to  say  for 
thyself  why  execution  sboulil  not  be  awuided 
against  thee,  according  to  law  ? 

HoUi<7tay.  My  lonl,  I  know  not  what  hath 
fN.'en  pro\cti  agrunst  nte,  but  I  hate  madusiich 
an  in^«'nuous  confession  to  liis  iuaje<tty  uf  what 
I  know 

i-K  C.  J.  Pio%«m1  flL'ainst  you  ?  \  on  arc  out- 
lawpil  upon  an  ind^riuicnt  fo.-  high  trea.sun; 
nhat  C'ui  you  say  aL-^uiusl  the  court'',  awarding 
exeeutiiiu :' 

Att.  (Vi/i.  My  luiu.  liu.s  hr  hoard  the  iijdict- 
nient  ujmmi  •tijich  the  outlawry  ^\'*^''  ui'ouniii'd  ? 

LV.  oi'Ci.  .\o,  Su-,  <»ni\    the  subt»tuucc-  w.is 
told  him,  That  hi*  uasind.fted  o(  iii^h  treu-c:!,  j 
and  iMitJawiMltuiu.  iind  atJ»ds  aiiuinted  iiy  ihai  j 
out  la  wry.  J 


At^ 


the  whole  Indictment  was  read.] 

CI.  of'Cr.    That  is  the  Indictment,  Mr. 
tornev^  and  upon  this  he  is  outlawed. 

Aft.  Gen.  And  so  sUnds  attainted.  WhU 
hath  he  to  say  to  it  ? 

L.  C.  J.  Ay,  why  should  we  not  awartl  exe- 
cution acainst  him  according  to  law  ? 

CI.  of  Cr.  Have  you  any  thing  to  say  ? 

HoUoicay.  1  have  said  what  I  have  to  say.  „ 

Att.  Gen.  Pray  what  is  that,  my  lord,  tlilt 
he  has  8ai<l,  for  1  was  not  here  ? 

Holloway,  I  beg  his  majesty's  mercy. 

Att.  Gen.  If  the  kiug  be  so  gracious  at  t* 
admit  you  to  your  trial,  can  vou  makem de- 
fence against 'the  indictment  r  Have  you  any 
thing  to  say  that  you  can  defend  yonraelf  Iqr* 
if  the  king  do  admit  you  to  be  trieu,  and  thai  tf 
a  mercy  and  a  grace,  lor  at  law  you  are  gOBA.' 

i^.  C.  J.  It  is  so,  indeed,  Mr.  Attorney;  if 
you  will  on  the  king's  belkalf  indulge  him  ■! 
tar,  as  1  suppose  you  have  authority  from  iSbm 
king  to  consent  unto,  that  if  he  has  a  mind  to 
try  the  fact,  and  can  defend  himself,  he  shall 
have  that  liberty,  that  is  a  great  mercy ^  I  as- 
sure you. 

Ait.  Gen.  My  hud,  That  is  tbe  only  reasoa 
why  I  did  cause  the  indictment  to  be  read  thai 
he  might  hear  it;  that  supposing  he  were  nol 
outlawed,  but  that  were  out  of  the  case,  if  hm 
hatli  any  thing  to  say  that  could  defeiijd  hina 
from  it,  tho  king  would  not  exclude  hiiu,  but 
ailuiit  him  to  his  trial,  aud  extend  his  mercy  so 
far  to  him. 

L.  r.  J.  Mr.  Aunrney,  it  is  exceeding^  weUt 
Now  you  understand  wliut  is  said  by  tho  kii^B 
Atloriiey,  \ou  ha  vt>  heard  the  indictment  read. 
It  is  an  initictment  of  high  treason,  that  yoa 
with  oilior  false  traitors,  lloiic,  Uumball,  th^ 
tionilciionuhs,  and  the  rest,  did  conspire  tbe 
drath  of  lUr  kiiig.  Now  (hough  you  are  in 
law  acuially  attainted,  as  much  as  it  you  had 
bkfn  tried  and  couvicted,  and  received  'judg- 
ment of  desith  upon  that  conviction,  to  all  in- 
tents  and  purposi*s,  aud  there  is  no  more  fur  the 
court  to  do,  but  to  aviard  execution  upon  thia 
attainder,  and  he  dealt  wkli  as  a  false  traitor, 
\  ct  howrvcr  in  Ub  uiurh  as  you  have  heard  tho 
iuflicinient  read,  if  you  ihiiik  vou  have  any 
thing  to  say  that  would  satisfy  tlic  world,  or  m 
jtu'v.  tliut  \<ni  are  not  guiity  of  what  you  are 
ind'ictetl  and  acv  used  \ti'^  it  seems  the  kin^  ia 
|d(,'r.si-d  to  signit'y  his  gi-acious  iuleotion  to- 
iviiuls  you  by  Mr.  Attorney  Cjenei;ii,thathe  is 
i:»niciiir.|  to  wave  that  other  part,  the  'iltirindcr 
hy  <»utl;ivvry,  and  you  shall  have  the  liberty  to 
'■y  it,  if  you  think  \*ou  can  dciend  yourarif. 
'iiv/Maav,  My  lord,  I  caanot  undertake  4o 


51 


STATE  TRIALS,  3$  Charlss  II.  l6S4.-for  H%k  Tnaun. 


[fi 


myicil',  for  I  have  confinaed  before  his 
Uiat  I  am  iruilty  of  many  things  in 
todicUnciit,  and  I  throw  myself  on  the 
kia^  mercv. 

L  C.  J.  ^Then  h«  confe^scth  it,  and  will  not 
aadprtake  to  fJef>.'n(l  liimself ;  as  for  the  king's 
111. J ,  that  we  must  leare  to  his  majesty,  who 
■  ike  di«peusvr  of  his  own  grace,  we  are  to 
OBBoie  his  justice,  and  must  give  a  rule  av- 

Jost.  \VUhinK.  But  I  hope  every  body  here 
tthfs  aotice  of  Lis  open  confession,  when  he 
■^t  try  it  if  he  would.  Surely  none  but  will 
Mere  this  conspiracy  now,  atler  what  this 
■u  hath  owned. 

I.  C  /.  We  were  well  enough  satisfied  about 
tt  before,  and  so  was  every  honest  man,  I  dare 

JsisL  Witkins.  Yet,  perhaps,  though  he  saith 
il,  and  oUicTS  have  confessed  it.  and  the  evi- 
diaoe  bath  been  made  public,  there  are  many 
penle  that  say  they  will  not  believe  It. 

Lc/.    We  do  not  mightily  concern  our- 

Mtm  what  the  people  say.    I  am  sure  not  one 

rf  si  that  wens  concerned  in  this  conspiracy, 

kic  dared  to  deny  it  absolutely,  thougti  some 

km  been  prevailed  upon  by  ill  advice,  to  pre- 

fUile  about  it,  and  shutic  it  off.    But  none 

tf  diem  hare  bad  the  confidence  absolutely  to 

iaf  the  troth  of  the  fiict,  notwithstanding  all 

Bs  and  reproaches  cast  upon  the 

and  all  the  arts  that  hare  been 

of  to  stifle  it. 

Iitt.  ITitAf  ju.  My  lord,  I  speak  it  the  rather 

hecHse  we  lee  what  work  sir  Samuel  Bamar- 

liitoa  bas  siade  of  it  in  his  Ix'tlers,  where  he 

alb  it  a  Shun- Plot,  and  snvs  it  is  lost,  except 

il  Ae  fSmnd  among  the  Abliorrcrs  and  Ad- 


L  C.  J.  But  now  the  Plot  is  found  among 
tbecsQ&pinitorsand  traitors,  he  may  write  tu 
kBcwnr^ponilents  in  the  country  the  next  time, 
i  H  tbuod  among  the  reftirmrrs  of  govern - 
■ear, and  religion,  that  can  swallow  all  tilings, 
,  Ibttcao  kill  kitigb  and  levy  war,  and  do  tnc 
■mtof  villainies  to  promote  religion  and  re- 
faraation,  as  they  call  it. — Iiet  lis  think  of 
■■e convenif  nt  day,  and  give  such  order  that 
fhe  ibenfTs  sec  execution  done  according  to 


Alt.  Gen.    You  must  first  pronounce  the 
pigment,  my  lord. 

ML    H'itAiHM.    It  is  ncvrr  pronounced  in 
Mih  a  case,  ^Ir.  Attorney. 

L.  C-  J.  No,  we  only  give  a  rule  fur  evecu-  * 
in,  the  outlawry  is  the  judgment,  and  that  is  [ 
■pa  the  record  already  f. 

*  8ee  his  Case,  \ol.  9,  p.  1334,  of  this  Col- 

fSae,  in  tins  Collection,  the  Cases  of  8ir 
Armstrong  in  this  same  year,  168^^ 
A.  D.  1746,  and  of  Dr.  Cameron,  a.  d. 
tlM;  authorities  referrc<l  to  in  those 
Tbe  Mtat.  7  W.  3.  c.  3.  «.  3.  saves  the 
•C  tiic  rei^tioiis  thereby  enacted  on 
vtKssop,  to  sueh  as,  having  been  out- 


Ci  ofCr,  Yes,  my  lord,  we  always  enteritso. 

L.  C.  J.  Captain  Ridiardson,  I'think,  Wed- 
nesdays and  rridays  are  yonr  usual  executioB 
days  m  London,  are  they  not? 

Capt  Richardson.  Yes,  my  lord,  cither  of 
them. 

L,  C.  J.  Then  Wednesday  seven -night. 

Capt  Richardson.  Does  your  lordsltlp  ap- . 
point  Wednesday  next? 

L.  C.  J.  No,  that  will  be  too  quick ;  Wed- 
nesday seven- night. 

Capt.  Richardson.  What  day  your  lonlship 
pleaseth,  I  suppose  I  shall  have  a  rule. 

CL  tffCr.  You  shall  have  a  rule,  and  an 
Habeas  Coruus  to  deliver  him,  tis  the  course  is. 

L.  C.  J.  lu  the  mean  time  take  your  prisoner 
back  again. 

And  accordingly  he  was  carried  hack  to 
Newgate. 

Afler  which  he  sent  the  foUowhig  Petition  to 
tlie  King  for  mercy : 

*  3Iost  great  and  gracious  Sovereign, 
*■  I  your  majesty's  now  close   prisoner  in 

*  Newgate,  and  condemned  fur  my  crimes, 
'  which  I  have  confessed  myself  guilty  of,  in  a 

*  paper  of  my  own  writing,  delivereil  to  tha 

*  right   honourable  the  lonU  of  your  niajes- 

*  U''8  privy  council,  in  which  is  a  true   and 

*  faithful    account  of  all  ihat   I    know    con- 

*  ceming  the  late  Plot,  with  the  manner  how  I 

*  was  drawn  into  it,  and  the  reasons  why  1  did 

*  not  come  in  at  the  first  discovery,  and  cast 
'  myself  at  your  majesty's  feet  for  mercy, 
*•  which  I  hope  your  majesty  hatli  perused,  and 
'  find  no  cause  to  think  I  nave  reserretl  any 
'  thing  uudist.'ovcred ;    for  when   1   was  first 

*  taken,  I  resolved  to  declare  the  whole  truth, 

*  and  nothing;  but  the  truth,  which  I  have  here 

*  (lone,  and  will  own  to  be  true,  before  any  that 

*  shall  offer  to  contradict  it,  or  say  there  was  no 

*  I^Iot ;  and  if  any  thing  more  occurs  to  my 

*  memory,  will  not  fail  to  declare  it.     I  have 
'  '  now  nothing  to  say  for  myself  why  I  sliould 

*  not  he  executed,  according  to  condemnation, 
'  but  do  must  humbly  prostrate  myself  at  your 
*■  majesty  s  feet  for  mercy,  acknowledging  my 
*•  hearty  sorrow  fur  all  tlyit  1  have  btten  guilty 

*  of,  and  remain  in  1io{h*s,  that  that  fountain  of 

*  mercy  which  haih  so  abuudantly  flowed  from 
*■  your  nl^jc-sty*s  sacred  breast,  e«er  since  your 

'  *•  happy  restoration,  is  not  vet  dry,  but  tli:it 

'  there  are  souiu  drops  Ictl  tor  inc,'  which  if  I 

!  *  may  be  so  happy  us  to  obtain,  I  shall  alwaya 

*  whilst  I  live,  endea\oar  to  appnne  myself 
'  your  niaji*sty*s  most  true  una  faithful  sub- 
*ject;  and,  l'hoi>c  will  answer  the  ends  of  a 

*  pardon.  Which  that  1  may  so  do,  r^nd  for 
'  your  majesty's  long  lifi*,  peaccahk!  ami  happy 

*  riMgn ,  shall  t  V  er  pray ,  \  c .    J .  1 1 01.1.0  w  ay  . ' 

His  Petition  being  rejected,  he  was  executed 
April  30th,  1684. 

la  wed,  do  ufterwanis  i  otitic  theuiselves  to  a  trial 
on  the  merits.  Sec  East's  Pleas  of  th«  Ciuwn, 
ch.  !2.8.  69. 


7]   STATIL  TRIALS  MCHAiBLhnBn.\6U^^Pr$ceeding8  0gam9t  J.  Holloway^  [8 


Being  come  to  the  place  of  Executioo,  he 
spoke  to  tlie  ahcrifis  as  tallows : 

Holiowa^.  May  1  have  liberty,  Sir,  to  speak 
what  I  desire  to  speak  ? 

Sheriff  Daniel.  Ves,  Sir,  you  may.  What 
you  liave,  I  suppose,  will  be  by  way  of  disco- 
very to  the  world  of  wliat  you  are  brought  here 
to  (lie  for. 

Holloicaj/,  You  have  roy  Paper,  captain. 

Capt.  RichartUon,  Yes. 

Sheriff  Danief,  Have  it  you  about  you  P 

Capt.  Richardson.  I  have  it  in  my  pocket. 

Sheriff  DunieJ.  Shew  it  him  (which  he  did.) 
Is  it  your  own  hand -writing? 

Hollotcay.  Yes,  Sir. 

Sheriff  BuaicL  Is  it  3'our  own  hand- 
"writinor  ? 

Hoi/oTcav.  That  is  my  own  hand-writing. 
A  discovery  of  wiiat  1  knew,  1  made  to  his  ma- 
jesty, but  a  gn;ut  luuny  people  think  that  I 
iiave  not  discovered  what  1  knew  :  but  I  have 
discovered  what  i  knew  of  the  Plot,  aud  I  am 
heartily  sorry  1  was  any  way  conceilied  in  that 
way:  as  to  tlie  endeavouring  any  thing  by 
arms.  I  do  think  severni  thin«jf8  have  liecn  ilf  • 
managed  in  England,  there  have  lieen  many 
things  done  against  the  king  and  the  kingdom's 
interest,  and  ff  wish  the  kini^  was  well  satisfied 
of  it,  aud  tuat  a  course  miglit  he  taken  to  pre- 
vent it.  And,  I  think,  one  way  to  prevent 
plotting  (according  to  my  weak  ca|Kieity)  is, 
that  his  majesty  would  be  ple.ised  to  call  a  par- 
liament, and  pass  an  Act  of  Oblivion  f(ir  all 
nIottti'N  whatsoever.  There  uas  n  danmabli^ 
Vopish  Plot,  and  I  hiok  upon  the  stifling  of 
that,  to  be  the  only  cause  thnt  any  man  did  any 
thing  in  this.  Had  all  the  Popish  Plotters 
been — 

Sheriff  Daniel.  By  the  way,  Sir,  how  do  you 
know  it  was  stifled  ? 

Hollowatf.  Sir,  we  have  known  that  the  laws 
could  not  lie  suffered  against  them,  and  the 
parliament  could  not  be  suffen'd  in  the  prose- 
cution of  them.  I  wish  the  king  wmm  con- 
suU  his  own  safety,  and  thesafety  of  the  nation, 
and  that  an  Act  of  Oblivion  might  pass,  fori 
believe  there  arc  many  concerned  ;  and  that 
there  might  be  an  end  nut  to  all  news- mon- 
gers, that  write  into  the  (*oni}trv  letters  of 
news;  1  look  upon  that  to  do  the  km"*  and  the 
kin;;dom  more  hurt  than  any  thing  else. 

Capt.  Richarthmi.  Mr.  ll«dlnway»  I  beg  one 
thing,  have  you  discfwcrcil  all  ?  J  di  sire  yo».i 
wonhl  declare  those  (}ou  did  not  name  their 
names)  that,  if  occasion  were,  would  be  ready ; 
but  that  you  liad  not  .<:poke  to  them.  Wade 
and  others  were  to  ninintuin  their  posts. 

Hollmtnj.  No,  Sir,  I  had  not  kjioIcc  to  them. 

Caj.t.  Hichardson.  This  you  did  say. 

Ihlhrway.  Yes,  Sir. 

Sheriff /j«?i it/.  And  that  you  promised  a 
mimher  of  men  in  this  design. 

Hidlon:au.  iVoniise  it !  I  did  propose  I 
might  do  it. 

Cppt.  Richardson.  What  do  you  know  of 
the  conthvuig  the  biuunoss  uf  the  Uy«s«  for 
lopping,  or  taking  off  the  king  aud  the  dtd^c  ? 


^  HoUmcay,  I  was  not  with  them  till  after  t^ 
time  a  good  while  ;  till  about  a  month  or  tin 
weeks  after  the  time  I  was  not  acquainted  with 
tliem .  I  looked  upon  it  as  a  business  not  likdy 
to  take  any  effect  at  all,  for  1  could  never  Ana 
above  five  that  were  conoemetl  in  it. 

Sheriff  Dashwond.  But  did  they  not  tell  y«t 
at  some  one  time,  they  were  eoDccmed  in  audi 
a  tiling !' 

Huilouai/,  \c%  Sir,  they  did  so.  They^ 
told  me  more  thvm  once. 

Sheriff  JJ«7i/£/.  In  Bristol,  or  in  liOndonf 

Jtiolhuay.  In  London. 

Sheriff  Dushrcood,  5Ir.  Holloway,  yon  hsr^ 
a  hiicrty  to  say  an}'  thing  you  have  a  mind  to. 

Holfon-fly.  I  have  little  to  say  more  upoa 
that  account.  I  am  sorry  I  was  concerneil  b^ 
that  ^vay ,  to  do  such  a  thuig  as  to  take  up  anm. 
But  as*to  the  desi^  I  had,  and  the  Plot  I  wa«> 
acquainted  with,  it  was  nothing  against  tht 
king^s  life. 

Cupt.  RichardiOH.  Sure  it  was  the  savae 
Plot,  while  there  wus  a  design  to  seize  the  kiugp, 
and  take  hiiu  frum  e\il  company. 

Holhuay.  We  had  a  design  to  take  then^ 
that  were  guilty  of  the  Popish  Plot,  and  werii 
cnemieai  to  the  privileges  and  liberties  of  th«^ 
subje<^t. 

Sheriff  Daniel.  And  as  a  thing  that 
to  tli'ti,  the  king  was  to  bo  seized  till  he 
sculett  to  thcaie  things. 

lloUo'i  HI/.  It  was  supposed  by  them 
told  mc  of  it,  that  many  things  thai  have 
act4;d  of  late,  were  done  contrary  to  the  kughi 
knowledge,  and  that  the  king  knew  nothinff  iff 
it ;  and  1  am  perfectly  of  that  belief  too,  uiaA 
many  thuigs  arc  done  contrary  to  the  kinff'a 
knowledge.  And  I  was  farther  informed,  tEat 
if  the  king  could  be  but  once  acquainted  with 
these  things,  that  the  king  would  preaeotly 
come  in  to  those  that  should  stand  for  his  as- 
.sistance,  and  give  up  all  those  offendeis  to 
judtice. 

Sheriff  J}(7ni£/.  And  if  yon  could  not  tell  hioi 
otherwibe,  you  would  take  him  first,  and  tell 
him  afterwards. 

IloUiwai/.  You  may  interpret  it  how  yoa, 
please,  Sir.  It  was  that  all  such  difiercnosB 
amongst  the  king's  subjects  might  be  preientsA 
for  the  I'utnrc ;  for  I  believe  then*  were  never 
git.*attr  differences  in  the  spirits  of  men,  though, 
some  think  the  times  were  never  better  than 
now,  liecause  all  things  go  according  to  their 
own  humour  ;  but  I  suppoae  many  in  the  na- 
tion are  satisfied  that  many  things  have  beeft 
done  contrary  to  law. 

Sh.niff  Dunitf.  Was  it  fit  you  slioiild  set  up- 
for  a  politiei&n,  or  a  statesman  '^ 

Holhmay.  No,  Sir,  I  did  not  take  it  upon 
me ;  tliat  uos  for  tJic  scribblers  that  write 
news.  I  do  not  reckon  myself  worthy  to  direct 
in  such  a  cas>p. 

Shei-iff  Diwiit/.  3Ir.  Holloway,  you  do  mfL 
remcmlicr  to  give  the  names  ot'  those  persoaSL 
you  spake  of. 

Uniki£uy.  It  would  be  a  fbUy  lor  nM«  Sii^« 


9] 


STATE  TRIALS,  36  Chables  II.  l6S4.-<-/«r  High  Treaton. 


[10 


to  go  t»  abuse  men  that  I  did  not  know  whether 
Wn  woaJd  be  concenied  or  no. 

Moriff  Datkwifod,  But  that  there  were  per- 
■M  ^t  would  be  concerned,  you  say. 

BoUouray.  That  we  did  think  so  ;  and  if  we 
ihsakl  naiiie  every  one  that  we  thought  would 
hscMicemed,  1  believe  we  might  name  three 
fam  ot  Lundun. 

GipL  JlicAardson*  I  liope  you  are  in  a 
pM  mistake  there. 

HUAuiiay.  For  that  desi^,  I  helieYC  above 
ikiee  (lorts  would  be  for.  1  never  had  any  de- 
■p  Uit  I'ur  the  king  and  the  km{;dom'8  inter- 
«t;  tbou^  1  know  that  denjpd  that  was  car- 
mi  en  by  Kunosey  and  West  was  a  very  hein- 
<«  design,  but  1  belie  c  they  would  not  have 
hmA  many  iu  England  that  would  have  been 
4vk ;  1  ni'ver  heard  of  above  Bvc  for  it. 

fibstf  DsniV/.  Were  vnu  acquainted  with 
W^eol? 

UiAliwa^.  I  was  in  his  company  once  or 

fise,  bat  1  beard  him  speak  against  it. 
[       %inS  DamieL  Was  you  ever  with  my  lord 

!        Btllmmjf,  No,  Sir,  I  was  never  with  my  lord 

flbtebory  but  once,  and  that  was  about  a 

Mb  I  waai  promoting  in  parliament,  about 

Ae  laai-raanttfacture. 

Shsiff  DvmigL  Was  you  ever  with  my  lord 

BaUman.   Never  but  once,  and  that  was 
ibMl  that  buaness. 
SbatS  DamieL  Were  3'ou  ever  acquainted 
*  vv bud  Russell? 

Never  with  him  at  all. 
wcood.    You  were  saying  you 
kmr  ibe  same;  of  live  ;  who  were  the}'  that 
svie  It  he  cuncerned  in  that  matter  ? 
BtUt^ej.   1  ba%'c  declared  them  to  his  ma- 

bbenS  D'jniel,  Did  you  know  Ferguson  .** 
KiMHirfiv.    I  knew  'liiin,  Sir,  but  I  know 
fmsttk*'j  t'i  be  a^piiisst  any  such  design,  and, 
iidfc-d,  we  diu  look  u|>oii  it  tu  be  a  thing  that 
««dd  C(.ui«--  to  noetiect. 

Heriff  DjLs/actud.  Do  vou  mean  the  s«>iz- 
i«lbe  kir.^  :- 

Maii^ff^tr.  I  mean  the  insurrretiou. 

l^ehlT  l>tinicL  Did  you  know  oi'auy  money 
fimk  or  (»r>j!uiM:d  to  buy  arms '! 

BnLLwiif.  No,  Sir,  novrr.  I  hoanl  of  money 
ta  was  u>  be  nuved,  but  1  did  not  know  hIio 
iMla  raise  it. 

ftoiif  Dan*rJ.  It  i«  not  our  business  to  ask 
IWaaoy  questions,  it' you  have  anything  to 
Mrvouniay. 

tSim€ lituhM.ttJ.  if  y^'U  have  any  thing 
li  say  tor  the  di^^harcfc*  of  your  cobscicnce, 

MtUoxay,  I  tliaok  God,  I  never  had  any  de- 
*  ^^fainsi  his  majcKty's  person  ;  what'l  in- 
'  was  oolv  for  the*  gocii)  of  the  king  and 
a,  and  I  did  take  ii  that  it  wmdd  liave 
■•;  and  1  am  very  sorry  that  any  things 
"  base  gone  contrary  tu  law,  as  thi.*y  have 
aod  I  iiope  care  will  lie  laL.^n  t.>  {irevpnt 
ibefiiturc. 


Wm%  aod  I  iiope  < 


Sheriff  Dashwood.  The  kine  bath  said  be- 
will  govern  according  to  law ;  he  hath  done  so, 
and  will  do  so. 

Hotlowai/,  That  I  leave  to  the  judgment  of 
all;  many  know  better  than  I. 

Sherifl*  Danirl.  Such  glossy  pretences  ar« 
very  strange,  to  carry  on  such  a  design,  for  the 
seizing  a  sovereign  prince,  that  you  have  sworn 
allegiance  to,  or  ought  to  have  done. 

Hollcftcay.  I  think  those  pretences,  the 
grounds  that  we  went  upon,  were  no  glossy 
pretences  at  all. 

Slieriff  Daniel.  I  think  il  is,  that  when 
things  are  not  done  as  you  would  have  them, 
you  must  immediately  rebel. 

Hotlouay.  No,  Sir," not  that ;  we  did  not  de- 
sign a  rebellion. 

Slieriff  Danie/,  The  seizing  the  king  is  cer-> 
tainly  a  rebellion,  and  one  of  the  highest  steps 
of  rebellion. 

Hollotrat/,  We  say  this,  that  all  ways  wer* 
used  against  Protestants ;  several  Sham- Plots ; 
hut  no  justice  could  be  had  against  Papists. 

Sheriff  Daniel.  Several  uf  them  viere  exe- 
cuted here. 

HoUmcay.  There  wore  some  executed  at 
first.  Sir ;  but  al'terwaitis,  when  so  many  great 
persons  came  to  be  concerned,  there  was  no- 
thing could  be  had  against  them. 

Sheriff  Daniel.  Tbei-e  were  mighty  searches 
made  about  London,  for  that  great  number  of 
Papists  talked  on. 

HolU/uni/.  There  was  a  great  many  seized, 
Sir ;  but  wuat  became  of  them  ? 

Sheriff  Da??  tV/.  Generally  tried,  and  brought 
to  condign  punishment.  Y  on  would  not  have 
had  every  Irislunnn  believed  against  liunesf 
men.  Snine  peoiile  were  called  papists  in 
inas({uera(lc. 

Holloa  ay.  Irishmen  were  believed  against 
Prot'Stauts ;  after  they  had  turned  about,  and 
had  sworn  against  papists,  they  were  believed 
then.  It  was  well  observed,  *^tliat  while  the 
Irish  evidences  did  continue  in  the  first  dis- 
course of  the  popish  plot,  and  in  the  first  evi- 
(Wncos,  then,  it  is  well  known,  they  were  slight- 
ed, anti  all  cried  out  ai>ainst ;  hut  when  they 
came  to  swenr  against  Protestants,  then  thing* 
were  alt«*r«?d  presently. 

Slieriff  Dashu'(H)(J.  1  pray  God  all  men's  eyes 
m%iy  be  opened  to  see  what  is  done. 

iloUoauy.  1  uould  not  advise  any  one  to  ^ 
that  «ay  to  work,  to  do  any  thingby  ftirce  of 
arms ;  and  I  wish  the  kind's  eyes  may  be  open- 
ed, that  he  may  see  his  eneuiies  from  his  friends; 
and  1  think  he  hath  cause  to  look  for  thfnn  near 
his  home. 

Sheriff  Dashtcood.  Have  you  any  papers  to 
deliver  ? 

Hollmvay.  1  have  no  ot^>er  papers;  what 
paper  I  wrote,  the  council  hu<l.  1  did  write  a 
pa|>er,  that  it  might  he-  fouie  satis^M'tioii  to  the 
opinions  of  pcopl"  «.l'  wl.ut  1  knew,  that  rare 
might  lif*  taken  ii»  pi«-\int  <ither  opiniimR.  if 
ihcK  \\<'V\f  ?\\  rnor.  \vA  that  paper  the  council 
h:id  ;  thon^h  \\w\;  Iviok  il  very  heinoiislT  of  ine 
i  ihut  1  shuiild  p!-f«<:uine  to  write  siu*h  :t  Aiing.  I 


1 1]  STATE  TRIALS.  36  CiiAftLfiS  H.  l6U.^Pr0Citdingw  agmmi  J.  Hefhway,  [  I 


Ifioked  iifmn  it  that  t  couid  not  do  more  for  the 
kirns,  than  to  acciunirii  liim  of  wbil  i  kaew^ 
t'  were  niisitiformed,  tliere  ttii^bt  be 

o.  H>  alter  tJie  own  roil. 

SiiLiiit  l^uMiT^i/.    \ou  have  delivered  no 
puf>ei-  tu  }*Jur  wiie,  or  tu  any  friend*  ? 

liifUoaay,   Thttt^  1  suppose,  is  well  known 
to  tlie  gAuler. 

bhisvitf  DuAhvood,    You  know  betleT  than 
any  body  whether  you  liavu  or  not.     You  may 
ty  Ay,  or  No. 

Hounway*    I  could  not  lie  admitted  to  write 

jy  for  I  could  not  have  pen  and  ink  to  wrile 
mny  thintr  hut  this* 

SIu^fiiF  Daihwood,    And  you  ha?e  not  deli- 
V  iijjer? 

.  1  have  written  to  some  friends.  I 
know  It  i&  supposed  that  1  had  deUvered  a  copy 
of  that  paper  that  the  eouncit  had  ;  and,  1  tliiuk 
if  it  had  heeo  knowu  publicly,  It  would  have 
done  no  great  bitft. 

SbenH' D/ifiit7.  You  speak  of  several  (teoplts 
opinions  ;  what  do  you  mean  ? 

Hoihuaif,  As  concerning'  the  times,  Sir,  the 
management  of  aflairs. 

Sheriff  Daniel.  Prtiy^  Sir,  under  what  deno- 
mination do  you  reckon  yourself? 

UoLLmtay*  I  reckou  myself  a  Protestant. 

Sheriff  JDtimW.  Ofwhatiort?  Of  the  church 
tf  finffland,  or  of  the  Disaenteni  from  them  ? 

Holhway,     I  am  not  a  Disaenter  from  the 
church  of  England. 

8hti  '    Nor  joined  with  thein? 

Hit  a  joiueii  with  them  altogether. 

But  1  Lhoiigla  tliat  if  aov  good  had  been  de> 
signed  for  England,  that  J  had  done  enough  to 
merit  a  pardon ;  for  f  liad  wrote  so  much  of 
tnitl^,  and  was  so  fair  and  plain  in  it,  that  1 
ihouj^ht  it  would  have  merited  a  pardon^  if  any 
good  were  designed,  li"  I  could  have  disco- 
vered more,  that  h»d  been  for  the  king  and 
kingdom's  intcrcM,  I  wuidd  have  done  it;  for  I 
did  not  do  it  rashly,  but  considered  of  it  some 
time  before  I  gave  it  in .  I  hope  it  will  be  a  sa- 
lisiactmn  that  there  was  sucn  a  plot;  what 
other  n>en*s  opinions  might  be  of  it  I  caunot 
tell,  but  leave  every  one  to  their  own  judg- 
ment. It  was  feared  thai  arbitrary  govern- 
ment and  iM»pery  was  dcsignrd:  aud  truly,  I 
think,  at  this  present  time,  by  what  I  can  un- 
dcrxtaud,  that  iliere  is  little  bellcr  de^i^ned. 

Capt.  Rtchardson.    This  18  reflecting  upon 
the  govimmcni. 

«heriff  VashtLOod,    Tht*  is  not  fit. 

llfyliaway.  J  say  it  is  contrary  lo  the  king's 

^^itiicL   Sir,  wc  have  neither  a  re- 

r,nirjl*>n  fur  yOU- 

I  t'jipect  it,  Sir ;  if  troth 

li .  J '.  I ikve  merited  a  pardon,  I 

ought  littve  had  it. 

Capt.   Richardson,    The  king  is  the  best 
judge  of  his  own  mercy* 

HW//CTrn;/.     Had    tbc    Uw    be«i   executed 
^^  -tshoHTcuders,  Ihad  n«verbc«ucon- 

c«  y  l*lot. 

CapL  Ktckardstm,    You  know  the  king  wi« 


veryean]«!ftt  in  thai,  to  bare  the  lawi  ^mi 
ejcecution  against  theiu ;  and  that  be  inovcd 
to  the  pai'Uament  to  have  it  ik>np.  Have  ^ 
any  tiling  else  lo  say  tliat  more  nearly  < 
you  ? 

Hotiomay,  I  wiah  I  could  have  been 
otherwise  seruceubleto  the  king  and  kingdo 
before  I  leli  thvui,  I  should  have  bccji  i£ 
willing  \  and  it  was  always  my  design 
mote  the  king  and  kiugdom'^s  in 
than  my  own. 

Hhetiff  Unmel.     Well,  Sir,  you  MyrJ 
things  very  well ;  hut  others  ill, 

Hotiowai/.  What  t  say.  Sir,  1  leave 
ple^s  jnd^'-menu  ;  if  1  am  mistaketif 
they  will  be  utherwi^^e. 

Hheriff  Dunkl.     Well,  Sir,  liave  you 
thing  failher  lo  sa}*  ? — HoUoway,  No,  Sir. 

Hbei'tff  Dmhu'ood.     I  suppose  you  n^ed 
keep  a  meeting,  or  club,  at  Bristol,  with  i 
therCv 

Bdkrway.    1  know  some  have  repre 
club  very  had  in  Bristol.    A  club  we  bad  i 
the  choice  of  partiamcnt-meo. 

Sheriff  DanicL  The  Horse-shoe  club. 

Sheriff  Dashwood.  Or  the  31  ermaid-c 

HoUumay.  The  Horse* shoe  club,  it  wt 
for  carrying  on  the  election  of  pariift^^ 
men.    ff  all  such  things  should  be  calledi 
there  were  ^ax at  cltibs  kept  by  auothor  i 

Sheriff  Daniel.    Well,  Sir,  you  had  I 

f yourself  for  death,  you  have  no  long 
ive. 

Then  he  opened  his  Bible  and  reaM  *'•*  * 
Psalm,  and  part  of  two  chapters  r 
brews,  and  afterwards  aske<i  the  8hti,U- j 
oM^ht  have  liberty    lo    pray  ;    wbieh 
granted,  he  prayed  as  follows : 

**  Blesi»eil  and  holy  Loi-d  our  Go<],  thou  ] 
before  all  men,  thou  art  the  only  true  God,  I 
Almighty  God,  the  fountain  of  all 
Thou  art  the  discerner  of  all  hearts,  th 
thoiightfl  of  men  are  not  unknown  to  thee. 
Lord,  what  am  I  that  thou  should^t  be  luijidl]^ 
of  me,  or  that  thou  shouldst  suffer  me  now  I 
call  upon  thee,  when  thou  mi gh test  have  I 
me  away  in  the  commission  of  somt-  sin  i  ' 
theci*    Ijiit  thou  ha^t  been  a  merciful  I 
long  suffering  God,  a  patient  God.     O  J 
trust  it  h  far  my  soul's  weJfare  in  brin 
to  this,  though  it  is  an  untimely  end,  fcrl 
cuttest  off  my  days  in  the  midnt^  but  Lord,  | 
trust  it  is  for  my  souPs  sake.    Our  times  ate  i 
thy  hands,  and  it  is  my  sins  that  have  brouj 
me  to  this.     t>h  give  mc  a  true  sense  of  l" 
as  I  trust  thou  hast  done,  and  that  thou  ha 
heard  my  prayers,  and  wilt  be  my 
comforter,  and  receive  me  in  and  throu 
merits  of  Jesus  Christ  our  Lord,  who  I 
himself  a  sacrifice  for  our  sins,  even  for  tbe  tin 
of  the  \*holc  world,  and  now  sitteth  at 
right  hand  baercixting  for  us.    Lord,  bear  i 
in  and  through  him.     Lay  not  any  of  foy  i 
to  my  charge  ;    let  not  the  least  sm  be  unp 
dooed.     The  lea^t  stu  deservctb  damaatioti^ 
Lord,  I  trust  thou  hast  pardoned  tbein  all,  aa 


13]  STATE  TRIALS,  36  Charles  II.  l684.-/(pr  High  Treason.  [14 

The  PAPER  dsUrered  to  the  Sheriffs. 


int  thou  hast  heard   my  prayers,  and  the 

fn^'cni  of  utbcmi  lor  me.     Li)nl,*in  mercy  look 

im  upon  iiie ;  in  mercy  look  down  upon  this 

Mtoa ;  (mnlon  tlu*  crying  sins  thereof.     Lord, 

ikM  seesi  to  %»  hat  a  lit- i^rht  of  sin  it  grows,  and 

liMi  seest  what  wickedness  is  promoted  in  all 

fhoB.  anil  what  little  eh«MHiragemeiit  there  is 

Utawhicli  is  giKid.      Lord,  l)lt!ss  the  kin^, 

■ikeefi  bini  from  all  con-^piracies.  LonI,  g'ive 

Mm  a  scn<ie  of  his  condition,  and  make  him 

kwm  bi<  (mtHiiies  fn»in  his  friends.     O  Lord, 

klhiitt  i<*ok   close  aliout  him,  to  see  who  arc 

rint  him  ;    and   Lord  put  an  end  to  all  plot  - 

ti^.    O  Loril,  make  him  a  happy  prince,  give 

\m  a  siDse  of  his  sins,  and  a  sense  of  wliosc 

Mniat  he  i<.       Lord,  make  him  thy  tnie  ^nd 

Maiol  servant.      Lord,  bless  all  thy  people 

whatatjever  tln-y  are,  and  continue  thy  Gospc-I 

OTT  vbere,  let* it  not  be  rooted  out.     C>  Loi-d, 

Am  knoirest    uhat  contiivauces   have  been 

Bide  a^iinst  it.     Lord,  continue  it  here;  let  it 

%mmU  more  than  ever  it  hath  done.      I^ord, 

■ke  £n;;Iaod  a  place  thou  wilt  delight  to 

6clin,  aail  nuke  them  know  thou  hast  not 

^■k  so  with  every  nation.     Lord,  hear  the 

pnvos  «if  all  thy  people.      Lord,  continue  t!ie 

wpd  in  £nsr<utitl ;    I^t  not  po)>ery,  let  not 

mnry  ^o« eminent  csme  in.    (I  Lonl,  there 

V»  fvwi'laws  in    Kngland,  Jjord,  let  them  he 

fit  a  execution.      Lord,  hear  mc  for  thy  mer- 

CMiiilfie.    I  am  now  coming  unto  thee.  Lord, 

I  kaie  but  a  minute  or  two  to  be  here,  let  thy 

yiril  receive  me,  to  thee  I  commit  my  spirit. 

Mi,  War  ne,  and  answiT  me  for  thy  S«ui's 

■kt,  «^  ii  at  thy  right  hand  interccciing  for 

■«ft»  wfaoa  with"  thee  and  thy  eternal  Spirit 

WafiiHiOoar,  ai:d  ^'lory,  and  praise,  both  now 

•rfcfffBJore.'* 

^  *Thitn  bein*;  a^iketl,  \Vho  was  in  council  at  ' 
tae  ee!ivm  uf  the  letter  1'  I  In  answcreiL)  I 

H.tlav4^§f,  There  was  the  duke  of  York.  an<I  I 
JtefWil  keeper  ;  1  did  not  deliver  it :  !t  wa-i  ' 
■■■C^ptefl  iu  a  letter,  or  givi.n  in.  J  did  not  I 
!■■»  how  It  was ;  fi»r  I  have  been  kept, so  that  ' 
liidBotthe  Ub«.Ti%  to  set?  any  fri^'iid,  till  \cs-  j 
Mty  in  the  aiteni'oun  I  had  the  liK>erty  ot'two  ' 
*  wee  boursk  with  my  wife. 

Capi.  Rtcfinrdwn.  \  ou  had  your  wlic-  \wth  ! 
|Mi  before,  ami  your  sister,  a!id  .some  other 


UUiouav-    But  that  was  never  without  a 

Cape.  iiuharJson.  \  ^^\\  .ire  in  the  rijfht,  j 

Hlenti'  DnttuL  They  do  not  u^^e  to  allow 
•mwler  your  ci^cu.n^tuuces  such  a  liberty 
■5Ji«  talk  of. 

lUUoi-ejf.  1  pray  dA  that  no  nthi.T  people 
■11  €mi0kirn  themselves  w  itli  puhlie  adiiirs,  out 
if  tiMr  o%rn  way;  and  that  the  Kcribd'crs 
il%hl  be  put  down,  for  they  do  more  iuut  to 
%i|aas>iloni  than  any  thin*^  eKe. 

Ifttritf  Ihintfl.  Have  you  any  tbinn^  more  to 

MS'^ilifUviL  uy.  iSiO,  Sir. 

mmUS  D'ifi'tL  Then  God  Iuavc  mercy  upon 

tlmaftcr  which  hf"  was  turntd  uff. 


April  ^6,  1684. 

To  stop  the  mouths,  <Scc.  of.  all  pamphleteers, 
and  newrs- scribblers,  who  ha\  e  done  more  pre  • 
judioe  to  his  majesty  and  kingdomjs,  by  tlicir 
impudent  endtavour's  to  sham  p.ll  plots,  and  to 
fill  the  country  with  false  news,  thaO  they  will 
ever  be  able  toretrune;  and  to  satisfy  all  I 
leave  behuid  me,  1  thouirht  good  to  draw  up  a 
short  account  of  what  1  knew  of  the  late  Pro- 
testant  Plot,  how  I  came  to  be  concenuid,  what 
induced  me  to  it,  and  how  far  I  was  concerned, 
also  my  now  opinion  of  it,  &c. 

It  vva>  my  unhappincss  to  have  too  publi-?  a 
spirit  for  one  ot*  my  capacity,  and  us  soon  as  I 
i:imie  to  be  a  froc  lian,  to  prefer  the  king's  and 
kingdom's  interest  Ictbrc  my  own ;  for  having 
some  knowled}Ve  in  linen-ciotb,  upou  the  pro- 
hibitions of  French  linens,  ^c.  1  thought  the 
linen  manufacture  might  be  brought  to  peifec- 
tion  in  Enii^land,  to  the  veiy  great  advantage  of 
the  poor,  and  so  made  some  trial  of  it  in  War- 
wickshire, where  1  employed  some  hundretls 
of  poor,  ami  in  about  eigliteen  months  time 
brought  it  to  such  perfection,  that  1  could  make 
as  good  cloth  as  the  French,  and  so  well  imi- 
tate it,  that  few  coidd  know  it  from  French ; 
but  the  prohibition  being  not  so  strict  as  at  first 
seemed  to  be,  Frenrh  cloth  was  brought  in 
chea|)er  than  ever ;  so  that  I  was  forced  to  leave 
off  with  loss ;  but  considering,  that  by  an  act  of 

farliament  tor  its  encouragement,  in  a  method 
had  thought  upon,  it  might  be  settled  much 
to  the  king's  and  kingdom's  interest,  advancing 
the  king's  revenue  near  two  hundred  thousanu 
pounds  a  }ear,  and  would  have  employed  about 
eighty  thousand  poor  people,  anti  about  forty 
thousand  acres  of  l«nd  ;  concerning  which  I 
was,  al>oui  June  IGHO,  brought  acquainted  with 
the  earl  of  IOsse\,  to  whom  J  related  the  busi- 
n<ss,  wlio  itii'.nuiiiulely  had  me  to  the  (now) 
f"\v\  of  Ttorlic"-:tiT,  then  Pr.*«?i'ltMit  of  the  Trea- 
sury, and  h*i  l».id  mc  to  sir  lidwanl  Deerint*", 
w'.io  (when  tluy  tniderstood  my  proposals) 
gave  me  something  to  bear  i;iy  charges,  and 
encouraged  me  to  utl'.'nd  tlie  i:t:xt  parliament, 
t'j  endeavour  the  ]u"nM.1ion  then»of;  which  I 
did  almost  t!ii;wi.oI-  .^'s -ions,  and  brought  to 
the  h'jH-.iker'.s  riinmber  soraeof  the  cloth,which 
ujfjcoiujmrivl  with  French,  ^c.  vvA  thedf^igu 
well  {'pprovcil  (»f  by  all;  which  bmught  me 
into  lou  large  aenuaiutance  for  one  of  my  capa- 
city ;  fi(j:n  v.  lioin  I  hcrvd  too  much  (as  hath 
proved,  fir  nsy  i:)*.erc  '.)  of  things  that  were 
in  hi»!id  er.rA'"U'ing  the  Popish  Plot,  which 
prevcnifd  the  doing  any  thing  a**  to  my  design. 
So  that  aflf:r  1  %vjis  encouraged  to  attend  the 
O.'dijrtI  parliament,  which  1  did ;  and  was  de- 
sired there  hy  the  carl  of  Clarendon,  and 
otlni-'.  to  piepire  ;»  bill ;  the  headvof  which  1. 
drew  iip^  thou'i'h  it  proved  to  no  purpose  but 
my  ruin.  1  uish  my  kine,  and  country  might 
ri'iip  tli»'  betiefit  of  what  I  pay  so  dear  for.  The 
more  1  knew  durins^niy  at*  judunceonthosetwo 
parliaments,  tlio  nion^  I  w  as  desirous  to  know  ; 
and  did  by  some  scribblers  and  news-mongers 


15]  STATE  TRIALS,  S6  Charles  II.  iSs^.-^Proceedhgt against  J.  Hollowa^y  [16 

constaiitljr  kuow  most  public  afTairs  that  \% ere    to  be  done  biz  ueeki  befcn^,  that  they  had  oohf 
acted,wl)ich  they  undertook  to  i-c|M'csi|nl  accord-  >  a  parcel  of  amis  ready,  and  that  they  bad  nci^  - 
ing^  to  tlieir  own  liiiinour ;  many  actions  being* ;  thcr  men  nor  horKCs ;'  but  one  said  if  they  couli   , 
represented  very  illc^l,  much  a^nst  the  pro-    haveraiiieddor8(K)/.to  baTebougfhtbor8e8,md 
testant    interest,    in    favour  of  papists,  &c     also  mmetliin^  to  encourage  men,  they  should 
•  11...    _    .  I  have  found  men  enough ;  so  that  I  looked  npoa   . 


that  only  to  be  the  design  of  fire  or  six  penani« 
and  no  way  likely  to  be  acted  ;  but  the  gcnsnl 
design  for  the  insurrection  was  carried  on  h/ 
others ;  who,  though  they  had  mails  a  gml 
stir  in  the  nation,  trying  the  inclinations  of 
peoule,  and  had  ti'eateil  with  the  SScotsand 
Irish,  as  I  heard,  who  were  to  be  ready  at  tbt 
same  time,  yet  were  never  come  to  any  resoln- 


shamming  the  Popish  i*iot,  and  layuig  sham 
plots  up4)n  prottstants ;  abusing  the  rights  and 

J)rivileges  of  the  subject,  the  truth  of  which  I 
eave  to  the  jiidgmeut  of  all ;  but  heanng 
many  sueh  like  things,  was  easily  prevailed 
with  to  be  concerned  in  the  plot,  according  as 
it  was  proposed  to  me,  viz. 

About  July  l^&2,  I  met  with  a  person  who 
then  being  come  from  London,  gave  me  a  re-  .  . 

lation  at  large  concerning  the  election  of  i  ti]^'^  ^ii  t4»  any  time  or  method,  liefore  all 
sheriffs  that  liad  been  in  June,  the  manner  of  t  discovered ;  thou^rli  they  had  lieen 
which  is  well  known  to  :ill ;  he  represented  it  to 
me  as  a  very  illegal  action,  and  that  there  was 
a  devilish  (tcsign  of  the  jiapists  in  it,  to  cut  off 
the  king^s  frieuds,  the  stirring  men  in  both  tlie 
last  parliaments,  as  to  the  prosecution  of  the 
Popish  Plot,  who  I  always  took  to  be  both  the 
king's  and  the  nation's  friends.  That  there 
were  witnesses  had  been  reaily  a  lon^  time,  to 
swear  against  them,  but  they  could  not  ^et 
jurors  to  believe  them,  but  now  they  had  by 
force  of  arms,  &:c.  got  sheriffs  who  will  find 
juries  to  believe  them,  and  so  hang  tlieni  up 
at  their  pleasure ;  that  there  was  none  bnt  had 
council  about  the  king,  who  kept  all  ill  actions 
from  his  knowledge ;  and  if  they  proceeded  to 
swear  North  and  Uicli  at  Michaelmas,  and  to 
choosa  lunl-niayor,  as  thev  had  done  Kherif)s, 
the  Protestant  ginilr)'  were  resolved  (naming 
some)  to  remedy  what  was  dc^signetl,  by  an  in- 
suiTection  in  several  partu  of  i^ngland  ;  and,  if 
possible,  to  g<rt  the  Icing  off  from  his  evil  coun- 
cil, and  bring  all  ]H»pis)i  offenders  to  justice, 
sayiiiif,  that  they  uere  sure  that,  when  the 
king  knew  the  occaiiiou  ot'  ifieir  rising,  he 
would  presently  give  up  all  oflenders,  and 
come  in  to  them.  That  it  should  begin  ii\ 
Nu't'eml^r  iu  London,  Hristul,   Kvetrr,  'ftiim- 

ttu,  Chester,  York,   Newcastle;  and  that  we  .  ,    ._    

should  hear  mora  of  it  in  a  month's  time:  !  tlioii;^hts,  and  actions  of  all,  though  never 


months  contriving  of  it,  from  the  time  I  fim 
hc>ard  of  it.  This,  1  hope,  will  be  enough  to 
satisfy  all  peojde  that  there  was  a  pkit;  1 
mention  no  names  here,  having  given  Ml 
majest}'  a  more  large 'account  of  w  hat  I  kncir' 
of  it,  mentioning  the  names  of  all  that  I  knew 
conccrnc«l.  The  arguments  before  mentioned, 
with  many  others  to  the  same  eflect,  not  only 
soon  prevailed  with  me,  but  made  me  iudeed 
think  it  my  duty  to  do  what  I  could  for  my 
king  and  cbuntr^^'s  safety  ;  being  then  fully 
persuaded,  tliat  not  only  popery,  hut  arbitrary 
government  was  inlcnde<l ;  not  tlien  consider^ 
ing,  (as  I  have  siticc  considered)  how  much 
bloodshed  it  might  hnvc  caused  iu  the  nation  ^ 
for  then  I  thoui;tht  all  woukl  have  been  ended 
in  littki  thne,  supposing  things  to  he  as  to  me 
was  reported.  Diit  1  do^now  declare  my 
hearty  sorrow  for  my  yielding  thereto,  tind 
acting  therein  ;  thongfi  1  can  safely  snj',  I  was 
not  lor  talcMig  thu  king's  life,  but  wholly  for  hii 
|»rcaervation,"  yet  am  satisHcd  that  it  might 
linvo  caused  very  much  bloodshed  in  the  natioot 
hx\\\  nni  glad  it  did  not  take  effect.  Also  I 
dtclarc,  that  I  am  satisfied  it  was  a  very  great 
sin  against  God,  not  only  in  distrusting  hit 
Provjilencp,  hut  in  ollVring  to  take  the  work 
out    of   his   hand,    who  knows    the    hearts. 


therefore  desired  we  loight  consider  lii>w  it 
iui;iht  be  raanaged  in  Bristol ;  which  we  did  ; 
;ind  concludeit,  that  Bristol,  with  abfiut  J6U 
npen,  might  l:>e  easily  securetl  by  a  surprize, 
without  the  bloodshed  of  one  man.  About  a 
month  aher  that,  cauie  the  person  he  mention  • 
ed  we  should  hear  tuova  by ;  but  he  could 
declare  no  more  than  the  fornier  did,  only  that 
the  design  went  on,  and  there  would  be  linn  I  v 
notice  given  to  all  parts ;  but  we  hearof  notliiiii*: 
hut  disappointments  and  delays,  putting  it  off 
from  time  to  time.  In  April  1  heard  of  :i  not  her 
daiign  against  the  king,  and  duke  of  York,  as 
they  were  to  come  from  Newmarket,  Sf>me 
time  in  March ;  but  when  1  enquired  into  that, 
fbunil  it  was  carried  on  by  three  or  four ;  and 
never  oouhl  hear  the  names  of  above  five  that 
were  for  it.-  When  I  heard  it,  I  declared  my 
abbon-f^nce  of  any  such  thing,  and  that  I  was 
confident  ntme  in  our  parts  would  be  tor  such  a 
baM  action.  After  that,  I  enquired  further  into 
iti  and  could  find,  that  dthoagh  it  ww  intended 


sorrct ;  whose  mercy  and  panlon  1  most  hum- 
bly iieg,  and  trust  shall  have;  and  in  confidence 
thereor",  (through  the  merits  of  the  blowl  of  our 
liOrd  aud  Saviour  (.*hrist  Jesus)  can  willingly 
die.  Nothing  (next  to  this  and  all  other  my 
.siii^)  ii»  more  trouble  to  ute  than  the  thoughts 
hmv  (dying^  1  shall  leavi;  my  relations  and 
frit'ods  in  trouble,  concerning  'my  worldly  nf- 
I  fairs ;  boing  by  r»;ason  of  thi.s  unhappy  concern, 
I  not  in  such  a  poslure  as  they  should  be :  So 
that  by  my  di'at'u  my  dearest  friends  will  not 
only  he  \ei\  in  great  It  rouble,  but  lie  under  the 
iwuRure  of'  many,  none  understanding  how 
things  arc ;  ni\  wife  and  children  ruined,  and 
my  creilitors  grtut  losers ;  whereas  might  1 
haVc  b(.*en  thought  worthy  to  live,  I  should 
have  taken  the  trouble  olF  them  all,  and  hope 
in  time  to  have  pai<i  every  man  to  a  penny ; 
for  I  can  from  my  hvart  say,  that  as  1  hope 
for  salv:ition,  I  novor  designe<l  any  fraud  to 
any  man,  bnt  to  pay  every  man  his  due.  I 
have  hcani  that  sunie  shoiUd  say,  I  took  up 
4 


STATE  TRIALS,  36Cbari.es  II.  i6S4.--/or  High  TVeta&n, 


[18 


Herest  to  carry  on  the  plot;  wbich 
or  I  never  was  at  any  charge  therein 
omtaon  expenreii,  nor  never  heard 
y  rai^-ed  opoo  that  account ;  thonjfh 
0,000/.  that  were  to  be  raised  ibr 
Hit  suppose  it  was  not  done.  I 
la  pretty  well  satisfied,  and  hope 
\  na  to  my  iiiturc  state,  and  can 
tve  the  world ;  but  upin  the  ac- 
r  friends  ami  creditors,  considering 
I  they  will  be  left  in,  could  gladly 
me  time,  that  I  might  have  taken 
dal  that  I  fear  will  be  laiil  upon  ine 
jooe ;  but  God  knons  my  heart, 
ind  always  was  from  any  tliouglits 


Aed  that  all  nneans  that  conld  be 
bftve  been  used  to  get  as  much  out 
■iUe,  but  had  it  not  been  my  rcso- 
daite  all  that  I  knew  concerning 
id  also  to  do  what  in  me  Jay  to 
lottiiigs  ibr  the  future,  that  tliere 
end  put  to  iiuch  heats,  difierences, 
■miogs,  that  is,  one  against  ano- 
b»  majestvand  his  subjects  mi<<:ht 
I  lore  and  union,  an  ought  to  be 
■tiiice  and  his  people,  I  bad  not 
I  did  ;  for  I  was  never  a  man  to  be 
ion  by  severity,  and  whut  I  wrote 


wholly  dqicndcd  upon  his  mercy ;  besides,  I 
had  some  other  reasons  why  I  did  not  plead, 
which  at  present  I  conceal ;  and  also  ^liy  I 
did  not  s}»eak  what  I  intended.  More  1  may 
say  at  the  place  of  execution,  before  I  leave  the 
world,  which  will  be  according  as  I  find  things  ; 
but  as  to  a  discovery  of  any  more  persons  (1 
cannot)  than  has  been  nJready  menttoneiL 
Should  I  mention  any  whom  I  itiought  would 
have  been  concerned^  I  may  much  aliusethem, 
tlioiigh  I  believe  many  thousimds  in  the  nation 
would  have  apjteareil,  for  the  reasons  afore- 
mentH>ned,  which  causeil  me  to  be  concerned. 
I  doubt  not,  but  several  that  were  concerned, 
who  are  or  may  bo  cleare<l,  for  want  of  suffi- 
cient proof  against  them,  or  by  his  majesty's 
mercy,  will  blame  me  ibr  confessiug  what  I 
knew ;  and  not  much  grieve  thai.  I  iaikd  of  a 
panlon,  or  at  my  death.  But  1  repent  not  ray 
conft^on ;  and  could  1  discover  more,  wouhl 
do  it  willingly,  though  I  find  no  mercy  with 
man.  '  James  Hollowat. 


due  consideration,  being  no< 
roflk     I  do  snppose,  that  making 

waA  large  contcnsiun  at  first,  ami 
ttioBsthiit  might  be  observed  in  luy 
A 1  perceive  were  intercepted,  may 
ilboogtits  that  I  sti!l  reserve  some 
inavered ;  but  as  to  my  t^nfcKsion, 
ally  done,  I  had  had  some  weeks 
ItyjigKto  mind,  and  :!S  for  }MM-s<ins, 
«e  account,  and  of  all  pussaf^^es  1 
MJbcr,  thougl)  vA^a'i^  do  a!:d  m:iy 
Biml.  What  1  suj»ivfKii  was  oliscrv-  j 
ttlers,  might  hv  sj'ir.v  fcif.Jish  ex-  | 
Mcmiusr  soiiit^  uf  my  acr(ua!i:ta>ice,  ' 
wouki  betray  nu  t'neutl,  meaning-, 
Btity  should  cause  me  to  accuiir'  any 
ciy  to  save  myself,  idthough  (if  1 
lltbe  accusing  of  a  ni'.mher  of  {ler- 

llave  saved  i:iy  iitV*,  and  bud  hreti 
rwold  do  any  vu'h  thing  to  save  iiie) 
■met  cause  c-f  any  n\mi ;  for  wlaii  1 
aderi,  tlwse  :n*ltri«tol,  '•.I'l  d>e- 
ift  were  my  ni:^*.  iiitiuiJite  :ief}u:»iiit- 
led  to  do' any  *.W."*x  f'.r  ?•«<•;  liay. 
neeive  letters  whe:i  I  wr  )tL'  to  thei;:. 
af  should  hf  fouiid  ti  liuM  corres- 
iidi  me.  >Vlien  i  crave  in  uiy  con- 
Mwd  not  up>.>ii  tffrtns  id'  a  pardon, 
Ident,  if  truth  Mould  mr.rit  mucy 
iW,  I  shouM  ha\e  Ills  pHr>iou,  and 
■  the  only  way  lo  s:ti!i  uiLvey  with 
id  it  already  that  o*  op'le  nru  {UiKiiini; 
Mi  upon  me,  some  on*:  way,  c^iid 
htft  ^  "^.^  "'^'  plea'.lin&(,  aud  i.c- 
(ipMiier  tnal  whim  Lt  wat  oH'Mvd, 
Ml  Canfcosed  tbe  uliole  iniiiotniem ; 
iMniS  ^r  1  S'^i'l  ^i»i'-.  ^Viiat  1  was 
nmi  tnnfrf  nl  to  liis>  liiujesty,  aud 


In  the  Year  1684  were  published,  in  a  folio 
Pamphlet,*  "  Tlie  free  and  voluntary 
"  CONFESSION  and  NARRATIVE  of 
"  JAMES  HOLLOW  AY.  (Addressed  to 
"  his  Majesty).  "Written  with  his  own 
*«  Ifanil,  and  delivered  by  liimseir  to  ]\Ir. 
»*  Sirretary  Jenkins ;  as  also  the  Pro- 
*^  cecdings  against  the  said  James  Hol- 
<*  loway  in  his  Majesty's  King's-Bench 
"  Court,  Westminster ;  and  his  Petition 
**  to  his  Majesty.  Togellier  with  a  par- 
' '  tieular  A  ccount  of  the  Disconrsj  as  passed 
*'  between  the  Slieriifs  of  Londtin  and  tlie 
*'  said  James  Holloway,  at  tlie  time  of  liis 
*•  Execrtion  for  Ili;^!*.  Trciso!!  ul  Tyburn, 
"  April  :J0,  lOui.  With  bis  Prayer  im- 
**  metliptely  U  fore,  and  tlic  truo  Copy  of 
*' the  Proper  ilr-llvonvl  Uur.u  at  the  same 
*^  tiriu;  aiid  placv.  l.o:u!on:  IVintcd  for 
"  l?i,li'  rl  Horn,  Jolin  Barker,  and  Join 
"  H«.'diijj»ync."  Tlus  Pamphlet  contains 
all  th«*  AKiVler licre  printL'd,  touvther  with 
the  ll>llowip.2' 

CONFEJ-:si<)N  OR  NARRATIVE. 

Cirejit  Sir, 
I  \our  uiaicr-.ty's  most  Ijunihle,  hut  to':  nuich 
nn-:levl,  and  i!iN.'>fMlif.nt  sui)jccl,  do  lu-ie  nK";t 
faithfully,  aeeordinj^  to  the  best  uf  my  reincfti- 


■f  At  Tne  t?Mi  of  the  jiaTnphlet  is  the  f^dlow- 
ing  linpriinatir  :  '»  V.  c  ::;>TM.i:il  Kobert  llorii, 
'•"John  llekm-,  ami  J^nu  UiMnasn,  to  print 
*'  tln'sc  paj-erf,  o\A  i»i  .t  none  'nher  print  the 
*' tame.  i*i::i.;.  Damel. 

G 


ID]  STATE  TRIALS,  36  Charlis  II.  iesi.-^rroceediugiugaMt  J.  HoUcway,  [90 


lininrc,  irivc  you  an  account  of  what  1  knew 
eoiurniiiijj  ilie  lute  discovered  conspiracy,  b<»\v 
I  caiin*  to  be  coiu'cnieil,  how  far  I  was  cun- 
ccrncii ;  how  it  was  so  have  been  rarritnl  on 
ill  Ihisiol ;  wh^v  I  did  not  come  in  at  the  tirsl  j 
(lisci:tery,  aml'cu^t  n)\s(lf  at  your  UK«jf3l>'.s 
fivt  tiir  lUcn  y  *,  how  I'luatW  iny  csca|«s  ami 
whcro  1  wai**ii:l  luk*n.  Jf  1  shall  throujrh 
f(M-j»vifiil!iL'sisi  omit  any  tliinj^  ihal  it  may  be 
thoutjht  I  aui  privy  to,  1  t»hall  be  rcady'and 
'wiilin;'^  truly  to  aiiKwcr  any  question  that  shall 
be  asked  by  youi'innjotv,*  or  any  your  most 
honourable  pri\y  council,  no  way  despairing 
of  your  niaj<  .sly 's  uurcy,  luu  remain  in  hufics, 
that  that  iouutuin  ofnicrcy  which  hath  so 
abundantly  tU>wcd  fi  om  your  sacred  breast  ever 
siui-e  your  happy  r(>Nturaiiun  is  not  yet  dry, 
»ni\  tliat  thci-e  is  s*>nie  drtips  lelt  for  me,  who 
doi'ht  not  but  to  serve  your  majesty  both  at 
home  and  abroad,  laiu'h  more  living  than  my 
ikath  will. 

I'hat  w  Inch  1  have  cause  to  impute  the  oc- 
easinn  cf  my   boiiit^  concerned,  was  my  too 
public  spirit, ' prt  :«-rrinjj^  v  our  uuijcsty 's  and  my  ! 
e.ouu!ry's  interest  much  Inilure  my  own,  but 
espcc:i;dly  in  altciidinijf  the  two  last  p.irUamenU, 
pn»n\(.tinjif  an  act,  for  th.f  encour.imimcnt  of 
the  Mneu  Maimfatturo,  a;id  the  pn  \eiiti:)j;- of 
frauds  in  y  uui-  majesty \s  cuslouis,  :^c.   which 
would   huvo  brought  in,    and  saved   to  your 
maJLSty  ni'ar  '2(>0,()00/.  per  ann.  and  employed 
many  iliuu;v:uils  of  poor,  6cc,  as  is  well  known 
t<>  many  uoithy  persons  abt»ut  \ our  court,  and  ! 
ii:djed  provi'ti  usy  ruin,  otherwise  than  in  tliis  I 
C'sneern  by  brinjiiupf  me   into  too  great  ac-  | 
(jii.:i.itance  for  oi>f*  of  my  capacity,    and  by 
!li:»l  tube  c<iiice>iU'l  .:*;  1  WU';.      My  atte-ndaa'c 
o.i  tho.?e  two  pari.^iaents  i  doubt  have  been 
iiji;ripre;>inted. 

(lotv  far  I  was  concerned. 

Ai'tir  Ihc  dissolution  of  iho  two  last  parlia* 
iiicnis,     1     observed    a    ;j;ii!at     dissatisfaction  i 
iii  pi'opli-,  ill  iiuisi  parts  where  I  traxeTbd,  but  : 
lje:ii(l  iMihinrr  of  any  deaiy^n  till   July  UuTi,  ' 
v.iit'ii  one.  \!r.  .lost.'ph  Tyly,  of  Hrist«>l,  cunic  I 
fruui    Loiiilo::  ;    1   uieetiii^  with   him,    askul  | 
wliai  iwws,  he  aiiswercd  to  this  effect,  all  bad,  I 
ami  if  siiMie  ^ptrdy    coui*se  be   not  taken   we 
sIimII   Im^  all   undone,    for  by  their   aibitrary, 
iilei^^ul  ways,  ami  by  force  of  anus,  they  have  i 
t;".ot  slM-ri/is  to  I  heir  minds,  witnesses  they  had  | 
bt  (ore,  but  xKiiit'Ml  jurors  to  l»elievetlit:m.  now 
tb.  y  innt'irnt  .slurilfs,  namin<^  3Ir.  Xor'.h  :u.*l 
Mr.  Jde.h,  who  \\\\\  fuid  juroi-s  to  b«'lie%e  any 
e%i(U  iici*  ai4-aii..>t  u  prutestant,  and  so  hang  up 
nil  ilie  kind's  friends  by  dci^rees  ;  I  then  told 
hnii   that  I   thous;ht  it   was   iin|N)s<;ible    such  j 
tliiiiir.s  could  be  done,  but  the  kini^  nmst  hear  I 
cit'il;    no,  said  he,  there  is  none  suffered  to  I 
couip  near  the  KinGC,  but  those  who  have  been 
decldicd  enemips  to  the  kin«r  and  kingdom  by 
]iarlis)ment,  naming  Kome  that  were  mentionetl 
in  thi>  priutril  \otes,  who  to  save  themselves  do  ! 
cndtavotir  to  keep  all  such  things  from  the 
kind's  kuouh-diTo,  and   persuatle  him  against  ; 
liariaiuiut^.  with  uiucU  u;oi'i{  such   Ukc  dis-  ; 

J 


course,  by  which  I  found  the  same  was  dis- 
coursed Itiroughout  England,  Scotkind,  and 
Ireland,  as  a  means  to  engage  people.  At 
length  he  told  me  that  the  protestant  jgentrj't 
naming  the  carl  of  Shafteb-bury,  lord  Howard 
of  Escrick,  and  others  were  come  to  a  iiesolti- 
tion,  sc>eiugfair  means  v\ould  notdo,  bntall 
things  on  the  protestants'  side  are  inisrepe- 
sentcd  to  tlie  king,  by  such  great  enmi- 
nals,  and  none  iivore  in  favour  tbun  those,  ta 
t.'die  the  king  from  liis  evil  council,  and  that 
by  an  insurrection  in  several  parts  of  Eoglaod 
al  once,  viz.  luondou,  Bristol,  Taunton,  Exe- 
ter, Chester,  Newcastle,  York,  and  some  other 
places  in  the  north,  and  that  there  would  be  a 
considerable  party  ready  in  Scotland,  and  ano* 
ther  in  Ireland, *^thcrdore,  said  he,  vtemust 
consider  how  to  mana<jrH  aihiirs  in  Hristol,  fiir 
if  they  praceed  at  Michaelmas,  in  choosing 
lonl-mayor  as  they  did  bherilfs,  and  to  awear- 
in«7  of  North  and  Hith,  it  must  begin  in  Oe* 
tolxir  or  Movember,  otherwise  there  will  be 
some  sham  plot  contrived  to  take  off  mo&t  of 
the  stirring  men  in  the  last  parliaments ;  with 
much  other  discourse  Cb  the  same  effect ;  add- 
ing, that  Mr.  Wade  would  come  down  very 
suddenly,  by  whom  we  might  expect  a  foil 
account  of  all.  y\  bout  the  ended*  Auj^ust,  as 
near  as  I  ciui  remember,  Mr.  W.'uJe  cania 
down,  who  cH)ntirmed  what  Mr.  Tyly  had 
said,  but  coidd  say  little  as  to  any  fartlier  re- 
stdution  they  were  come  to  above,  either  of 
any  time  or  luethod  agreed  upon,  but  that  tbo 
design  went  on,  and  men  were  employed  iu  all 
parts  to  try  how  people  were  inclined,  who 
found  enough  ready,  and  that  there  would  be 
no  wans  vi'  men,  it  it  was  once  begun.  Then 
we  considered  how  it  mij,lit  bf?  inanagcd  in 
ilristul,  and  wh:it  muiiber  of  men  might  be 
iieeilful  for  the  lii-st  or.>.et ;  towards  which  he 
s-.iid,  we  miu'ht  depend  on  loO  men  from 
Taunton  or  thereabouts,  and  concknled  that 
;>oO  might  Ih:  sutlicient  to  secure  it  without  the 
bloodshed  of  one  man,  it  being  our  design  to 
shell  no  blood  if  possible  ;  but  this  we  resolved 
not  to  aecpiaint  any  of  our  friends  with  it,  till 
the  day  aud  method  was  rcscdved,  of  which  he 
said  wo  shoidd  have  ten  or  fourteen  days  no- 
tice ;  and  having  soon  consideretl  of  a  method, 
wuited  in  expcdati'jn  of  further  advice,  but 
none  came  till  November  ;  then  wc  heard  that 
some  disappoiiitnn-nt  happening  they  were 
forced  to  d«day  it,  though  there  was  moie  and 
na-n:  cause  for  it.  The  end  of  December  or 
Im  ginning  of  January  had  advice  that  it  waa 
deftrred  to  tlieb».tjinnlngof  !\larch.  The  third 
of  March  1  came  to  jjondon,  and  meeting 
wit!.  !\ir.  Wade,  asked  him  how  things  went* 
who  answered  that  he  coubl  not  tell  what  to 
make  of  it,  for  he  could  find  nothing  done, 
more  than  was  nine  months  before.  The 
great  persons  who  were  the  managers,  having 
done  notbii:g  but  talked  of  things,  lint  now 
there  was  some  others  appointed  to  manage  it, 
u  bo  were  men  of  business,  naming  them  U>  me, 
viz.  the  curl  of  Kbse.x,  the  lord  IIt;ward  oi 
Lscriwu,  liitt  lord  Urey,  the  lord  ItusselK  col. 


Sdarj*  major  Wildman,  Mr.  Hampden  the 
€r,  ftncJ  M  r.  Charlton,  who  he  did  siiiiposi' 
make  soinrthing  of  it,  and  not  do  as  tlie 
had  «|f>Dr,  niakt*  a  }i*ar.s  talk  lo  ensnare 
■MiTthousnrjfN  of  pcf »i»l«*  to  no  purpose;  lor 
tkfselttd  kfreadv  st:nt  nu*sscn«r<  l'^«  into  ^U•ot- 
MiBfi  Irr-iainL  to  know  thnir  minds,  ni'min^ 
«rlaroii  Smith,  sent  into  Scotland,  and  at  the 
IfBRfif  the  iiiessen^fcrs,  would  come  to  a  i*eso- 
iMas  to  tin)C  and  method,  but  he  was  oonti- 
iBKtbc\  could  not  hi  nMd5'bitbref}]idsumiiuT, 
lvia»ii)  thev  bad  done  so  little  in  order  to  it. 
Mr.  Wade  was  t!ifn  dfM;;ncd  into  the  wet,  upon 
AectTi'of  St.imf(»rd*s  husincss,  and  said  it  he 
u&dcrstund  aiiv  thinsrniore  before  lie  left 

he 
ttus 


STATE  TRIALS,  36  Ciurlf.s  II.  \CSl,—/or  IJi^h  Treason.  | \>2 

duke,  eoniinnr  from  Newmarket,  wliieh  they 
e\pei*titl  would  ha>eh(>cii  that  Saturday  men- 
tioned in  his  li'ttiT,  hud  not  tho  lir«'  h.ipp«Micd, 
whicii  e:ni^"d  thrni  to  eiMu*.'  ^oonor  ;  nay,  Faid 
lit*,  hatl  we  l.nown  ihvy  would  have  staycMl  ro 
ionjy  as  th'^y  did,  tlx'ir  h-isiiu '';s  slmold  ha%c 
Wf^n  done  :  1  tli'-n  asked  him  what  lie  meant  hy 
desirinij  Mv.  \\i\i\v  to  fjet  his  elifiits  tofjithrr 
h\  that  «lay,  ami  what  h#*  eould  prop'»se  they 
sfumld  huv'edono,  to  wliich  lu*  could  ♦<:ty  litlii*, 
only  that  they  mi<rht  be  ready.  1  tln'n  told 
hini,  that  1  thous^ht  it  a  very  rash  tliin«jf.  a»!d 
that  few  in  Kn<rland  wouM  approve  ot  it,  that  I 
was  sure  none  about  us  wouUI,  bcir.nr  a  most 
eowanllv,  dishonouraide  action,  In'si.los  the 
uould  take  Hristoi  in  his  way,  and  bas<'st  sin  of  m>ir(h'r  ;  then,  saiil  h<>,  what  is 
uitli  it.     This  join-n;'y  Ik-  brouo'lit     dt-siyfu.'d  by  thf  f»-,MUTal  desijjn  hut  lo  take  them 

■ttooL'l.   Kunist'V.  with  viliomue  had  little  j  both"  off,  and  if  it  had  he<n  doni*  tl.al  way,  it 

hmats^;  he  b«*i:i;J  ?oin(r  forth  with  his  lady.  ,  wonki  have  prevented  a  great  dtal  o\  hlo<»d.-h4'«I 

lliaith  «'f  March  1  left  Loudon,  and  ueiit  j  in  the  nation;  no,  said   i,  no  such  thin«^  i)» 

&Ntlf  for  Bristol ;  about  the  12th  of  March  ;  d*.'sii;tied  as  1  know  of,  the  general  desi^^n  l>einir 

lbW;<de  came  to    liristol,  but  then  could  say  (  only  to  sfet  the  kinj^f  ort' from  his  evil  counsel*, 

Maretban  as  above,  the  incsS4*n£rer.s  heinlf  '  who  had  advised  hiiu  to  put  a  stop  to  procet d- 

iicMie  Uick  trotii  8«*otlaud  nor  Ireland,  and  '  incrs  a^piinsl  Popish  l*Iotl<  rs,  by  diss>dvin^  of 

mtf  bi>  f<>riii<n'  opinion,  that  if  any  tliinof  j  p'arliaments,  \e.  and  to  bririf;^  afl  Popish  oneii- 

VRdonc,  it  could  ni)l  be  More  .Midsummer,  '    ' 

kite  €\pcct-.-d  to  b<'  abouttwo  mouths  in  the  | 

VM,  and  said  that  it'  any  thiu>4-  was  agfreed  i 

ifn  *».ier,  one  >lr.  \\  e>t.  a  counseUor>>liad  . 

fnniiHS  to  M  rite  to  him  in  the  nanu;  of  lnc;-le- 

a«e,  «a«l  (tirc4'l  his  letter  to  be  left  at  his  bro- 

ikr'iin  HrMol,  who  Wade  ordereil  that  if  any 

mdt  kt>r  c;iiiie,  to  open  it,  and  if  any  thinj^ 

■Bexn«  ia  it,  to  s<:nd  it  hy  a  nu*ssen^T*to  him 

■lb  tLr  vv»t.     About  the  ITlli  of  Mandi  came 

%  Wtter  t-r  hilt   from  Wist,  in  the  name  of 
&«'•''■?*•  Xh.  H Inch  his  brother  opoued.  r.nd  not 

fc-aiffi.:  ::•;  .^  iSi.'  «.i;ic,  brouuht  it  to  me,  but  I 

iaew  a  •;  :  e*  KiOinir.^  thereof.     The  eonlents 

•*»:•- ..-.-A   \lr.  \\ a<i«.' M>  jrci  lii^  clients  to- 

gcd:*r  ;•.►.    I..  \i  S-.itiird.iy  eoui*?  t'lrtniubt.  for 

tan  .•!<• ::.  "• 'Jiy  u^>{H)inted  t-i  kimI  the  wntiiii^-^, 
lad  >iX!-.*  r   .:    I.N  iHu'eiMiudis,;;  it,  his  broi'ii.'r 
mb}  u  »ii--'»'"*iiir»Taff<;rliin.,  whofoiiisd  him 


sT&i 


«hi>>tojtistice,  and  such  who  had  betrayed  the 
liberty  of  the  subject :  and  this  1  think  was  all 
the  d'isroursc  we  had  at  that  time,  heinj^  the 
tirsi  of  my  acquaintance  with  him  :  that  nijfht  I 
went  with  him  to  a  tavern  in  I'leet-sirect, 
when?  was  eaptiiin  Nort<in,  Kichard  tit»oJ- 
enough,  and  one  Mr.  Aylif,  who,  to  my  kiiow- 
ledfifc,  I  never  saw  befo'n?  nor  since;  whilst  I 
was  with  them  there  was  no  discourse  of  any 
business,  hul  1  so<m  kft  them  totrether.  The 
next  ilay  Mv.  Koe  <d*  J^ii^t.d,  biH)Uuht  me  lo 
Mr.  I'erljuson.  at  the- house  ot  one  Mr.  }V«urno 
a  brewer,  but  was  imladuulted  to  see  him  him- 
self. \'\  rtfuson  then  w^iit  by  the  name  of  Ko- 
bert>,  w  h«i  \«  hen  i  had  lohi  my  name  a-.nl  from 
\^  hence  1  <\nne,  was  preity  free  in  ihs^'ourse 
with  me,  and  told  me  the  d««si',ni  uent  on  very 
well,  that  there  were  souu*  SeotUsh  crentlenien 
ome  up.  who  were  tr:*atL«iu'  with  the  ma- 
nuLfers,  and  did  hojM*  th<  y  wmdtl  atrrec  in  a  few 
days,  aii'l  come  t<»  a  res.)lulion  btilh  as  i.i  ii;r.e 
am!  metiiod,  r)f  vs  iiish  we  should   li.,velimeiv 


}»v  all  his  «!i- 


iiurse  at  that  time,   I 
uuv  ihintj  of 


>''.\  |ji>  wnsuer  hy  the  nu'sseniij  v  ! 
VH, tit.:    •*.-  knetv    n'.»l  ti:e  lueanint^of  it,  but  j 
dbasiil  !•«  •%::iiiiit*  !i  iiiih-s  (»f  lirisfol  the  nevt 
Itoinjay .  •!»-  ir.n*^  thit  d'  aiiy  other  Ivtter  came,     notice,  ;>u'. 

toira>l  It  t"  !-.Mi.  .\h')'.it  three  dnyvatb'r  came  could  n-fl  W'i«.ei\e  thai  lie  knew 
MHiKr  h  ir«  -  ;,'♦  ;»b'»ve,  dcsirin*:  him  not  to  i  the  Ni;.Mi!i;;kei  iieNJi^n. 
Cll  bib  I  \i'  ii-  to^fther,  for  the  time  of  s<'i!lin«4'  j  That  day  I  l.u.i  some  discourse  w  ilk  eohmel 
Vli  put  •'•:.  v>li'.eli  letter  was  also  sent  to  Kim.  '  Uiimsry  ai  hi-i  hou-je,  wlio  I  {"(I'lik!  e  is  privy 
Im  b^  •..••i*  r»*!<»od  it  not,  siiyu)ir,  it  ivas  some;  to  the  NewiLurkt  t  bu«ine'?»,  it-od  his  opimim 
■ib  (mi*  :i«  s«t  f.r  (•ther,  ami  scv  eut  back  a^ain.  was,  that  the  .\(  w  uta'.ket  d^  «i>^n  wo-.dd  enuo. 
Tb«*rit'ih  iif  April  I  canh»  to  London,  and  ■  to  nothuiir.  for  hv  uu:  !.'»t  approve  oi  tin- uia- 
ftlft  f  rcr.ioi;  ••%<•. ii  ro  3lr.  West's  chauiher  in  .  nasfuiN  a(  tiiM^»;,  aui'  i.iid  there  \vu"»  noiluMi.'-  like 
At  Tt-rii  !•!•:,  vtL-:r«.  I  fou:w^  him,  who  then"  the  other  di'sit:ii.  t  >:•  i'k'.i  \»«iani  I'tit  "u  ind  to 
#i»<  k:i«j.»  'If,  but  when  I  tidd  him  my'  all  in  a  little  tm:«'.  in.n  1 1.»  tl  hiiu,  ih.it  nern- in 
flMr,  Irv  ij  %.  lenci*  1  cam.',  anti  mentioned  '  our  parts  would  In;  lor  it  ;  »\ii;''.i  t  iliiok  uaj 
Attvtf  ie-iterii  "^Ir.  U  ade  received  from  him,  .  all  the  discoui-se  we  then  luid  ;  <'il\  he  pro- 
bbqr*B  to  l/e  Norntwhat  free  in  discmirse  with  mised,  that  if  any  thioi;  v.ie*  :i';ieed  lielore  .^Ir. 
1  thTi  tu!d  him  that  Mr.  Wade  and  his  Wade  came  up  I  slufld  lieu:  t>l  it.  so  1  itiuk 
wtrc  ^ulplis^•d  at  the  letters,  not  know-  I  Uave  and  went  f.»r  lin^.  1  il;v  !:cxi  mor:mii;. 
Ifwbat  b**  lie  ant  by  them,  and  did  desire  to  ,  .Abouttendaysatu  r.  luani:^  ui.ihin*;  l»om  tlii-m 
■HVyCoocerfiiiis^  which  be  seemetl  a  little  shy,  '  (Terpisou  liavi!::*- tuM  luc  tiiai  he  thooi;:hi  u!* 
little  d»>course,  tie^an  to  tell  me,  say-  I  would  1h?  ai'r*-»  »l  ;u  tour  oi  tive  days,  and  pio- 
iiaft  a  deuji^n  to  takeotl'tbekino^  aud  |  niibvd  to  uUvivc)  I  v.ivta  u  Mr  West,  dei>>i.;.i; 


iS. 


SS]  STATE  TRIALS,  36 Charles  II.  \6%^—Prceuiingi€gnttd  /.  HpUaway, 
to  know  how  they  went  on,  who  wrote  mc,  i  supplied  with,  wouhl  be  ready  in  three  or 


that  they  still  met  with  delays,  and  were  come 
to  no  coaclusioD;  aik-r  that,  I  heanl  no  more 
until  May  Al>otii  ihe  be^iiming  of  May  I 
caioe  up  to  London  a^in,  in  oompaiiy  with  Mr 
Waiie  and  some  otbt  r  Bri&tot  men  but  when 
we  caiDL'  upt  my  biisiarts  being'  m  the  city,  and 
iheirK  about  tlie  Teji>]»ie,  we  parted;  after  two 
or  three  days,  I  met  with  Mr.  Wade,  and  asked 
how  he  found  Ihinjp^  who  lold  me^  he^  douhted 


days,  being  tenihons^od  pounds,  wh'tch  w 
be.  returned  to  Holland  to  boy  anm,  &€ 
Scotland.  He  &fW  told  us  that  the  8c 
gcuLlemen  iiad  made  atioiher  proposal  tc 
manag^erg,  tlius,  if  they  would  Ktipply  tbop 
thirty  thousand  poTindSj  ibey  would  he^ 
Scotbnd  tirsl^  which  they  could  sewn  baTC 
then  would  inTade  England,  desiring  the 
nagert  only  to  get  a  party  in  the  Norl 


all  would  }»rove  albatn,  for  he  thou^it  there  |  Koi^bod,  rea*Jyto*)ijpose  any  force  from  coi 


was  iif>tliin^  intended,  findiag^  ooihiug^  mate- 
rially dune  in  order  to  m  bat  ba«l  been  to  ionfif 
discourbed.  Tlieu  we  wtiit  to  Mjs.  West^  and 
discouiMfd  htm  fully  about  ttie  contents  of  his 
Jotterti,  who  itild  us,*tliey  were  resolveil  to  kill 
the  k'm^  and  duke  as  they  came  from  New- 
market^ in  onler  to  which,  he  had  prt^vided  |  found  nothing  but  delays,  the  manager! 
arms  for  fifty  men  pistob,  carbiDc^i  and  Wun-  ,  agreeing  how  to  raise  'the  money »  and 
dcHniise-f>  ami  that  they  ^vere  promised  the  |  if  the    money  had  lieen   ready,  they 

house  of  one  Uundmld  a  maJtsler,  which  lay 
:.,  *i I    I   *!..  I  ■ ^  _- I  __  i.r. 


out  of  Em^tuTd  agaiust  then),  before  they 
settled  SootJand  but  this  was  not  apprmrc 
the  managers  chiding  rather  to  supply  1 
with  iOjyOOi  Old  to  begin  it  in  Eni^lam 
same  time.  Then  we  dallT  expect^  to 
when  the    money   would  be  jiaid,    l>ut 


in  the  road,  and  the  king  must  come  by  his 
fiuor,  there  the  men  shotdd  have  been  lodged. 
'I'hen  we  asked  who  was  to  hate  acted  it,  to 
which  he  could  givi;  hut  a  lender  answer  and 
rotddor  would  name  hut  two  men,  who  were 
KaiiibQld  and  bi-s  l>rother,  saying,  if  they  could 
hare  raiserl  uiK  or  eight  hunihed  pounds  to  hare 
houglil  iiorses,  and  souk  thing  to  encourage 
mejt,  they  shoiikl  hiive  had  men  enough ;  an 
that  we  ibund  ihcy  had  few  men,  if  more  than 
two,  tmd  no  homes,  only  a  pari^el  of  anus; 
which  afterwiiriti^  hu  shewrJ  us  al  a  gun- 
smith's hiuihc,  i.'  ii  liitlc  la.u*  ucar'IVmplc-har. 
Thrn  we  askwl  him  what  iliey  tlesigncd  if  it 
hiid  lakm  iffect,  to  which  he  answereil,  that 
the  men  t^honld  have  come  up  vvih  all  sjif-ed  iq 
LcMuhii  auddiapprfii>d  lUnn'**'!  es  uitneiHalely 
fU-cIariii--  for  tiie  duke  of  IMi  uuiouth  and  ilii 
th.e  king  uiitl  duke  l)cing  ilead,  no  opposition 
•  ouhl  iHMuailo;  then  we  asked  who  wi-n«  for 
Ibis  deiugn,  he  named  col.  Unnisey  and 
Ilidiard  Uixtdcnoiigb,  and,  as  far  n»  I  ean  re 


come  to  no  conclusion,  as  lo  any  metltod  r 
than  thev  were  nine  inontb«  before^  hi 
done  nothmg  hut  talked  to  ensnare  people 
IM>ning  about  in  all  parts,  how  the  liberti 
the  {J0op}e  were  daily  more  and  moiemti 
ed,  and  that  arbitrary  government  md  po 
was  coming  in  a|Mice,  which  incensed  pi 
very  much,  and  made  such  a  grumbling  i 
parts  th^x  v^  f  I'tunA  longer  delays  would  I. 
the  common  people  in  many  parts  mutin 
lieiiig  as  we  thouirht  bo  generally  kiiown 
\yi  «oiiiethlngwfts  suddenly  done,  it  wai 
Iior.sil»lr  it  should  re  mam  imdbcotered,«) 
I  next  time  we  met  with  Ilums-*y  and  F^ 
(thijit^^h  never  together)  we  declared  om 
fiaiifdaction  by  reason  of  such  long  delays, 
spoke  it  so  that  it  might  come  to  the  nianf 
^ai-s^  as  we  suppose  it  did.  being  to  this  e: 
TLiat  we  thou^jfbtMiey  had  only  adesij^^n  u 
Xrr.y  people,  draining  many  t thousands  ii 
snsire,  for  their  actions  skewed  iltle  others 
being  so  long  discoursing  a  thing  of  that  n\ 
and  done  so  little  towaixls  it:  few  days 


joember.  no  uiore ;  .so  we  iimnd  it  was  CLuried  !  meeting  with  Ituuibey  *i'^^^  he  told  us 


00  by  ilieju  coutrnry  to  hu  ktiowltHlge^  or  ap 
prolNition  of  those  u  ho  mrinagud  the  general 
di'.si,fii:  ihcn  vi e  Itdurpd  our  t,'reat  dislike  of 
it,  u.-lli»g  hint,  it  was  a  hiM-,  dishonourable  and 
iMwsu'dlly  aftion,  and  W(»ul«l  Hcein  odiouH  to  all 
the  woriil  that  any  prt?teudinglhemstjl  g*  I'ro- 
testanls,  shim  Id  be  ooncerned  in  such  a  blooily 
action,  and  that  we  thought  it  was  his  cowardice 
put  him  upon  it,  to  which  he  siiid,  that  he 
could  not  liglu^  hut  would  bs  m  forward  with 
his  nutncy  as  any  <»ne  of  hia  capacity  Then 
we  went  to  col.'  UniiiKevT  ^^ho  we  found  to 
he  wholly  onV^^t'K  njin-Htfi,  siiying,  that  ex- 
cept something  be  done  that  way,  I  know  no< 


wore  of  different  opiuioD*  concemmg  a 
ihod,  »nne  for  liesrinning  tlie  iusorrection 
in  Lfinihin  and  Scotland,  some  tor  it 
places  at  once  as  al  first  proposed  other 
several  places  in  Koglaod  and  Scotland, 
not  in  liOndon,  saying  that  if  it  was  not  ht 
in  Lon<lon,  but  in  other  places,  tlicre  wou 
forces  raised  in  Loudon  to  send  out  ajg- 
them,  which  would  take  out  most  oi 
sti-ength,  and  that  then  London  might  be  e 
secured  ;  somcumea  they  were  for  b«*ginni 
OL  ly  *u  London  andHcotlaod,  and  to  have  \m 
come  up  tti  London  from  all  parts  of  Eng 
to  which  we  answered  lit  at  wu  tbouk^ht  no 
\teuer  than  ivhat  was  tii-sl  pro|Hised,  {t iai. 


thnig  u  ill  be  done  at  all,  for  he  knew  the  other 

managers  u(»nld  i!o  nothinor;  so  we  had  little  beginning  of  it  ui  many  places  at  oiicis  • 
discourse  at  that  time.  After  thi  wei^enito  j  fore  mentioned,  for  ultliotigh  we  bad  eng 
FfTgnson,  who  to.d  us  how  thi agf;  stood  ^  we  |  none  in  or  alMUit  IhisUd,  nor  should  not 
then  found  that  he  knew  of  both  designs,  but  !  deal 'Uir  it  till  alt   things  were  concluded, 

wos  only  for  tlie  ins iirrectkifi  uod  told  us,  that      "*'    *'  ' ■""'* 

tlie  inaH:igers  had  been  treating  with  some 
Scotch  gentlemen;  that  they  were  almost 
«jf reed,  uid  tliat  the  money  they  were  to  be 


%vith  tlu!  assistance  we  were 
I'annton,  did  not  doubt  but  to  get  men  i 
to  secure  it,  and  that  we  kne^v  not  where  t 
ten  nieu  that  would  come  tor  LoodoU}  and 


B)        STAIE  TRIAIA  9£  Ch ables  II.  l684.-/0r  High  Treason. 


[26 


(iftf  to  neote  tbdr  own  oountry  who 
mMmht  inUiig  to  ksve  all  and  come  for 
Whl  Bnwf  SieB  wd  if  he  knew  where 
Ik  beM  of  1,000  men  he  would  begin 


iflilliK 

li|Mlly,iid  Mred  that  we  might  meet 
'  'ihtwidiiome  others  and  consider 
m  the  next  afternoon  we  met  at 
tfefrtone  near  Tem^-Bar,  and 
litlaTemnear,  I  think  called  the 
Yflng  Devil  Tavern,  where  met  eigfat 
Wttn.)  oelooel  Rumaey,  Robert  West, 
Imm,  Mfit  Wakoty  Richard  Good- 
'  AmeiiGeodenon^, Nathaniel  Wade 
ri(  tUi  was  the  first  time  I  knew 
Whn  we  were  all  sat,  colonel  Rum- 
•iitbii  flfiect,as  near  as  I  can  re- 
the  wae  woids ;  Gentlemen,  if  we 
I  ifcni  thousand  men  iu  and  about 
BbAoeiia  uenon  of  honour  will  ap- 
IjbheU  <tf  them  and  begin  the  busi- 
~^'efc  we  supposed  to  be  the  duke  of 
I,  ivl  do  not  well  remember  whether 
I  Ui  name  or  not.  Which  pro- 
1  Mr.  Waile  and  I,  that  he 
I  the  raising  of  3,000  men ; 
lokes  it  was  first  mentioned  to  us  we 
tfktji  hsd  been  sure  of  many  thousands 
'  ^HSB  hour's  warning.  Then  it  was 
ilsw  8,000  men  might  be  raised,  and 
""^  do  something  to  the  purpose: 
wA  what  methofl  we  had  con- 
li|i»fir  the  management  of  aflhirs  iu 
~^'  I  as  foUoweth,  and  they  could 
s  mnr  way,  so  it  was  concluded 
IMd  the  suburbs  should  be  divided 
,-^-^^JjtB,  and  one  man  ma^le  choice  of 
jijldsmsn,  who  should  chuse  out  ten  in 
pMia  that  he  could  trust,  and  each  of 
■HiillM  out  fifteen,  whicli  woukl  moke 
division,  so  that  twenty  diviKiuns 
e  3,220,  in  order  to  which  a  map 
I  to  be  bought  tlie  noxt  day,  and 
I  drswn  out  u  a  particular  [>aper, 
^  every  street  and  lane  iif  note  in  it, 
larth.  East,  Souili  and  \\'<  st  bounds 
kH^and  to  be  brought  the  next  niCfUin<jf 
^Mhne  nights  afier ;  ai  tlic  (irsi  m»v-tin<^ 
iii^cei  uiat  noue  should  know  of  iUin 
jp^tii.  <oi'tbe  chief  managerK)  till  all  the 
MPi  secured,  and  that  these  nevcn,  1  be- 
^^to  stay  long  in  liondon,  sliouM  nieit 
'"^^  I  «r  mree  nights  till  all  was  coniidet- 
"  I  meeting  Runisey  and  Weat  would 
I  aaying,  there  was  iwithing  like  the 
'  Bcss,  meanintf  the  taking  offtlie 
e*  and  that  it  mi<;ht  tie  e<isily  done, 
A  to  or  from  the  lM;iy-lioiu«i',  but  f 
any  as^rae  with  liini  iu  it.  No\t 
ivas  bought,  and  liroui^lit  to  U>jiL\ 
the  Tt'uiple,  w  lioru  sfjuit^  met  to 
and  draw  mit  the  diviHious  against  the 
Hag.  The  nr;xt  place *.  wc  met  at,  I 
i  dw  C^tk-ta«  em  in  Fle<'t'Stri*et, 
inof  the  dtviftkoiis  wcru  brf>iight,  all 
^jIlM,  and  then  it  was  cousidereil 
~  1  ha  ^tributed,  being  we  were 


most  strangers,  and  agreed  that  Richard  Good<^ 
enough,  who  had  been  under-sheriff,  and  so 
had  a  general  acquaintance,  should  do  it,  who 
was  willing  to  undertake  it,  the  rest  of  the  divi- 
sions  to  be  ready  against  the  next  nieeting,which 
was  two  or  three  nights  after,  at  the  Green- 
dragon  tavern  upon  Snow-hill,  where  when  Mr, 
Gnodenongh  came  he  told  us,  That  he  had 
disposed  ok'  some  of  them,  and  did  hope  it 
would  take  effect,  and  that  in  a  wedc  or  ten 
days  lie  should  have  fixed  the  twenty  men ;  the 
conskleration  how  things  should  be  managed, 
was  deferred  till  thev  were  sure  of  the  men, 
only  some  mentioned  their  opinions  how  the 
Tower,  Whitehall,  and  other  places  might  be 
best  surprised.   The  Tower  was  thought  raijo^t 
be  best  gained  in  the  day  time,  Whitehall  and 
other  places  in  the  night,  with  many  such 
things  "in  way  of  discourse:  Rurasey  was  still 
upon  tlie  old  strain  of  killing  the  king  and  the 
duke,  saying,  at  tbis  the  last  meeting  I  wan 
at,  going  for  Bristol  next  morning,  that  it  might 
be  done  in  Windsor-park,  and  that  he  would 
undertake  it,  but  not  excejit  every  one  there 
present  would  go  with  him,  to  which  not  one 
consented  ;  I  replying  that  I  was  for  no  such 
tiling,  but  seeing  the  other  busmess  had  gone 
so  far,  and  was  knowu  to  so  many,  if  they 
could  bring  it  to  bear  iu  London  and  other 
places,  I  rashly  said,  rather  than  tail  of  Bris- 
tol we  will  undertake  it  at  noon  day  with  an 
hundred  men ;  to  which  Rumsey  said  I  was  a 
hold  fellow ;  they  then  pnimised,  when  they 
were  sure  of  the  men,  to  advise  and  take  care 
for  some  arms  for  us  at  Bristol,  and  that  we 
should  have  some  great  person  come  down  to 
head  us ;  but  1  heanl  no  more  till  the  news  of 
the  discovery  came  in  public  letters;    I  re- 
member one  time  when  Wade  ami  I  wus  with 
Ferguson,  lie  told  us  that  the  duke  of  jMon- 
mouth  was  brought  to  a  low  comiition,  all  his 
iilaces  beini^  taken  from  him,  nnd  liis  tenants 
HI  Hcotlaiid  (lieing  so  sc-\erc-Iy  doult  with  upon 
account  of  their  n.'liQ;iou)  wiis  not  ahle  to  pay 
rent,  so  that  his  esuue  tiiei'e,  which  was  ac- 
counted worth  10  or  12,000/.  per  ami.  did  not 
yield  him  the  hist  year  2,m»/.  that  he  was  uot 
well  pleased  with  tlie  maua'^ciiient  of  affairs,  and 
desired  Mr.  Wade  toap|H)int  a  place  where  he 
would  nUH*t  the  lord  lit  rr^inl,  and  sir  Thoiiuis 
Armstrong,  to  diMX)urse  them,  to  which  Mr. 
Wade  replied,  he  would  mcut  none  of  tliem, 
for  such  great  men  had  betrayed  the  imtion  al- 
rpady,  and  ensnared  too  many  thousands  to  no 
pnrp«u»e. 

How  it  was  to  have  been  acted  in  BiistoL 

We  concluded  that  the  only  way  to  securo 
Bristol  would  be  by  a  surprize,  'whieli  with 
lUiniit  3.iO  men  (150* of  whieli  wc  depended  on 
i'viMw  I'aunton,  the  other  200  to  be  raised  in 
and  a}w>ut  ihe  city)  might  easily  be  done  al>out 
four  o*eluck  in  tlie  morning,  as  soon  as  the 
watfdi  were  gone  off,  without  the  bloodshed  of 
oiio  man,  thus,  dividing  the  city  into  14  parts, 
so  making  13  posts  brides  the  main  guard, 
which  slu)uld  at  first  have  been  at  the  Tbul/y , 


f7]  STATE  TRIALS^  36  Charles  II.  l6Sl^^Proceeding9  against  J.  Hoihi 
(which  Is  in  Bristol  as  the  Exchtnge  here)  we   mercy,  it  having^  been  our  resolution  n 


supposed  20  men  mi^ht  be  sufficient  for  each 
post,  and  the  remainder  for  the  main  guard, 
out  of  ^vhich  might  be  spared  lour  or  six  files 
to  be  constantly  marching  about,  and  to  assist 
where  there  might  be  occasion.  The  method 
we  designed  for  the  raising  of  200  men  in  and 
about  the  city  was  thus,  first  to  find  out  30  men, 
two  fur  each  post,  and  four  for  the  main  guard, 
who  might  be  able  each  of  them  to  procure  six, 
and  to  command  them,  which  would  have 
made  14  for  each  post,  and  28  for  the  main 
guard,  to  whom  the  Taunton  men  should  be 
added,  riz.  six  to  each  post  and  the  remainder 
to  the  main  guard,  who  should  have  come  in 
the  day  before,  some  at  every  entrance  of  the 
city,  and  lodge  themselves  at  inns  and  ale- 
houses as  near  the  posts  they  were  appointed 
for  as  they  could :  each  man  beinff  to  know 
hb  post  and  commanders  bctbrc  they  came, 
the  Bristol  men  to  lodge  themselves  and  arms, 
with  arms  for  the  Taunton  men,  in  an  house  as 
near  as  possible  to  their  posts,  and  to  send  one 
out  irom  each  post  between  three  and  fi)ur 
oVIock  in  the  morning  to  observe  the  motion 
of  the  watch,  and  to  advise  as  soon  as  they 
were  gone  off,  that  they  might  all  immediately 
repair  to  their  respective  posts,  calling  the 
Taunton  men,  and  as  soon  as  they  had  tj^ained 
their  ])osts,  to  send  out  a  file  of  musketeers  to 
fetch  in  such  and  such  men  in  each  of  their 
divisions  as  they  should  have  had  an  account 
of  beibre,  and  convey  them  to  the  main  guard, 
which  in  the  14  divisions  would  have  been 
about  sixty  persons,  rommission-ofiiccrs  and 
others ;  then  to  fetch  in  all  the  arms  and  am- 
munition tliey  could  find,  which  two  thingx 
bein{>-  done  (us  we  supfiosed  might  be  in  a  little 
time,  and  without  any  opposition,  the  posts 
being  so  near  each  other,  that  it  would  nave 
been  impossible  fi>r  .iny  numlxT  to  get  to- 
gether) we  resolved  next  to  declare  the  reasons 
for  our  taking  up  arms,  and  to  encourage  all 
to  come  in  to  us  that  we  could  trust,  not 
doubting  but  we  should  soon  luive  had  many 
thousands  in  the  city,  and  out  of  the  adjacent 
4M>unties,  Gloucester,  Somerset  and  Wilts. 

The  Reasons  why  I  did  not  come  in,  &c. 

When  the  news  of  the  discovery  first  came 
to  Bristol,  and  some  tune  before,  I  was  in  some 
trouble  by  my  creditors,  and  forced  to  abscond, 
thongh  tnought  I  had  sufficient  to  pay  them, 
only  desired  time  to  get  in  my  effects,  their 
mercy  I  feared  more  than  your  majesty's,  and 
thought  if  I  should  come  in  and  find  mercy 
witli  your  majesty,  I  could  at  first  expect  no 
better  than  a  prison,  and  if  from  it  discharged 
by  your  majesty,  to  be  kept  in  by  them  upon 
account  of  my  debts.  Secondly,  hearing  there 
was  very  many,  in  and  about  Bristol,  sup- 
posed to'he  concerned,  and  I,  though  knowing 
so  much,  being  able  to  prove  so  little  against 
any  man,  but  such  against  whom  there  was 
sufficient  proof  without  me,  feared  that  if  1 
should  come  in  more  wouM  be  expected  from 
me  than  I  coukl  prove,  and  wo  might  fiil  of 


cover  the  design  to  any  of  our  friend 
managers  had  agreed  both  upon  time 
thod,  therefore  considered  how  to  n 
escape,  there  being  then  a  strict  seat 
ports  thought  best  to  continue  in  £n] 
some  time,  till  the  heat  might  be  ove 
got  an  ordinary  habit  and  a  little  hoi 
Ws.  price,  and  travelleil  the  country  i 
dealing  in  wool,  in  Gloucestershire, 
shire,  and  Somersetshire,  till  about  tL 
of  August,  then  repaired  towards  Bri 
b^  letter,  with  my  wife's  assistance 
friends  thereabout  fearing  to  act  for 
vailed  with  a  poor  man  who  had  a  sr 
about  ten  tons,  for  20/.  reward,  and 
per  month,  for  six  months,  to  go  wit 
France,  and  from  thence  to  the  Wej 
or  where  I  would,  my  name  being  tl 
proclamation  or  declaration,  if  it  had 
not  have  prevailed  with  the  man  to  go 
So  tlie  23rd  of  August  sailed  from  Kin 
for  Kocliell ;  the  25th  proving  bad 
cracked  our  mast,  and  so  put  mto  St. 
Cornwall,  where  we  staid  till  tlie  4tl 
tcmber,  then  put  out  again  for  Ho< 
meeting  with  contrary  winds  was  io 
several  places  in  France,  and  gainer 
port  till  the  17th.  In  Rocliell,  i  In 
with  brandy  and  other  goods,  and  t 
October  sailed  from  thence  for  the  Wi 
(being  willing  to  know  how  my  con 
there,  that  my  creditors  might  have  tl 
though  f  knew  I  might  ue  much 
in  France)  and  arrived  at  Barbadoes 
of  November,  there  1  heard  of  my  no 
in  the  Gazette,  therefore  staid  out  ' 
landing  part  of  my  cargo,  from  theni 
to  Antigua,  where  1  landed  and  dispo: 
remain inq[  part,  sta)  ing  there  about 
but  it  being  too  soon  for  the  croii, 
charge  being  the  same,  lying  still 
farther,  also  thinking  it  not  safe  t« 
there,  resolved  to  see  the  rest  of  the 
Islands,  and  so  went  down  to  Mounser 
St  Christopher's,  St.  Kustatiaand  Aug 
so  back  again  to  St.  Christopher's,  i 
that  to  lie  the  safest  place,  I  being  J 
none  there,  where  I  staid  about  tlirt 
About  the  14th  of  January  I  wrot 
factor  in  Nevis  about  what  was  due  to 
on  receipt  of  my  letter  discovered  m 
sir  William  Sta'plcton  ])resently  sent 
rant  to  St.  Christopher's  to  apprelient 
liefore  it  came  1  was  gone  down  to  St. 
expecting  to  meet  my  vessc^l  there, 
had  sent  up  to  Barbadoes,  and  it  beii 
where  1  was  gone,  the  deputy  gover 
Christopher's  sent  five  men  with  hi 
af\cr  me,  to  %vhom  on  sight  thereof  1  f 
though  had  an  opportunity  and  mi 
escaped,  but  was  rather  willing  to  c: 
at  his  majesty's  feet  for  mercy,  than 
a  life  any  longer,  not  daring  to  apuc 
there  was  need  of  me  (among  my  tac 
I  doubt  will  take  too  much  advantai 
trouUea  for  my  creditors'  interest.    J 


STATE  TRIiOS.  36  Charlbs  IL  i6S4.^Trial  rflVm.  Sachevenll.       [aO 


t  a  prisooer  13  days,  where  I  promised 
un  Hcapleloo  tliat  I  would  make  what 
cqr  I  could,  givint^  him  tlie  names  of 
alio  I  had  acquainted  witli  it  in  Bristol, 
I  fttppuse  he  natli  ^ven  au  account  of, 
If  him  that  it  might  be  kept  private,  for 
Mimown  they  would  hare  aifvice  of  it ; 
Pti  ikH  kept  so  private  as  I  expected,  for 
|ht  1  came  off  I  was  told  of  it,  therefore 
m  they  wens  advised  by  a  Bristol  ship 
me  aw  ay  before  us,  by  which  I  wrote 
pofd,  1  suppiTse  she  might  be  at  home 
An?  us,  we  being  nine  weeks  and  five 
JUl  that  I  can  say  against  any  of  them, 
.miiiani  Wade  who  is  betbre-mentiuned, 
I  aoquainted  them  with  the  business,  as 
BiiB  many  thousands  in  Kngland  were, 
I.  fopputte  they  wooM  have  been  con- 
.  Hereumler  is  an  account  of  many 
fenooA  that  I  have  hcaj-d  was  concerned 
toign  lor  an  insurrection,  which  is  all 
.  am  call  to  mind  of  any  thing  material 
IV I  heard  concerning  the  Phit. 

m  he  mentioned   the  names  of  se^'cml 


w  if  your  n>:ijesty  is  graciously  plrascil 
It  me,  ii  wWl  be  a  sutiiiient  warning  to 
Vcvtr  nit'hiiiijg  in  tliiugsof  that  nature 
>$  wad  I  hfi(ie  I  shall  ha\  e  the  opportunity 


of  serving  your  nuyesty  and  my  country  in  the 
promotion  of  that  which  brought  me  into  this, 
and  cost  me  many  hundred  {lounds,  with  soma 
years*  pains  to  bring  it  to  that  perfection  I  did, 
viz.  the  hnnen  manufacture,  whiph  many  ho- 
nourable persons  about  your  court  have  heard 
of,  and  I  can  make  it  appear  that  it  nili  employ 
near  80,000  poor  peonle  and  40,000  acres  of 
land,  and  bring  in  and  save  your  majesty  near 
1200,000/  per  ann. 

Another  thing  which  I  think  I  may  sen* 
your  miyesty  in  Tabroail)  is  this,  when  I  left 
£ngland  I  knew  tliere  was  many  who  were  in 
trouble  about  their  opinions  would  willingly 
hare  left  England  if  tliey  knew  where  to  go, 
that  they  might  have  liberty.  There  is  a  very 
fine  island  in  the  West-Indies,  good  land  ami 
well  watered,  which,  by  such  people,  would  ha 
soon  settled  and  prove  a  great  advantage  to 
your  majesty  and  successors,  fur  it  would  soon 
exceed  any  island,  except  Barbadoos  and  Ja- 
maica, it  lies  so  nc!ir  a  bad  neighbour,  the 
Spaniard  Porti-ico,  that  except  a  considerabla 
number  go  together,  it  will  be  dangerous  living 
there ;  but  if  no  great  alteration  in  affairs  sinoa 
I  left  England  ;  with  your  majesty's  luwe, 
enough  might  b<>  prcvnifcd  with  to  gu  and  set- 
tle it  at  once,  ^^  liich  will  not  only  serve  your 
majesty  as  JK'foro,  but  clear  the  nation  of  somo 
hundreds  of  disafllrtcd  people. 


t  The  Trial  of  William  Sachevehell,  and  Nineteen  others, 
.  al  llie  Kings-Bench,  for  a  Riot  coinmilted  at  Nottingham  : 

.•    SffCHAKLisII.    A.V.     U)84.* 


BlMendant^i  having  hv.Wno.  pUadcd  Not 

lta;iicre  broui^lit  to  their  Trial  un  tlio  'Jnd 

%.  lt«4. 

VfC^icit.    i 'all  the  defendants,  IVilliam 

■nselL,  e«q.  and  others. 

WL  FtUerft  n.    We  ap[K!ar . 

ItfCrtiu  n.    '  fiardez  vjwtres  challcniros.' 

Itar  Humphry  Miller. 

IPS—- 1 . 

f  All  was  ncie  of  the  numrmns  l:iigi(»(is 

^  .  which  arrise  mit  of  the  attacks 

Ijbf  rbaflers  of  Corporations  throiiiriiont 


Which  was  done,  ami  the  twelve  being  sworn 
to  try  the  cause,  lieing  (reiitl(>incn  of  the  county 
uf  Rent,  were  tln-si»  tollowing:  Sir  Humphry 
Miller,  sir  Henry  Hosvile,  \V  illiani  Lambert, 
Charles  Wheeler,  Uichard  Marsh,  Kdw.  King, 
Humphrey  Stiles,  Walter  Hooper,  James  Mas • 
tors,  liicliard  nritton,  Kalpli  Petty,  mid  Ed- 
ward Ualhin-st. 


and  tunif.Ml  to  an  avoueil  practice  of  garbling 

Corpnraliofis,  in  order  tc»  c*arry  elections  to  the 

parliament,  aiul  a  Conni)iltu<;  of  Council  was 

,  to  which  attaiivs  the  cniwii  was    appointed  tt»  manage  the  Jtt^ulations  as  tliev 

werc  calleil ;  ai"d  there  was  an  itinerant  creiv 
of  the  worst  of  men  that  \trought  in  the  towns 
to  he  rc^ulaied  under  the  direction  of  the  com- 
mittee. These  were  termed  Kiyulators,  and 
accordin^r  to  their  eharaclers  and  dt»iKnaiion-4, 
mayors,  aldermen,  recorders,  connuoii  e<iuiiei!» 
antf  freonien,  were  mmliiied  and  esluIiliNlu.d."' 


by  the  nuctcss  oi'  the  (luo  War 

the  City  of  London.     (Sec  the 

in  that 'Case,    \i»l.  U,  p.  U^Ji)). 

I  oli)v<t  which  originally  excited 

:,  «rutbe  |M>wer  of  nominal  ins;  Jurors, 

iMof  the  right  to  appoint  sheritls.    (See 

moid  Shaftesbury's  Case,  vol.  8,  p.  785). 

^"ihave  bi^en  vtiry  aoon  percei\(f<l  that 

ilioii  of  the  whole  magistracy  of  the 

I  ami  f4'  a  majority  of  the  1  louse  of 

■i  might   be  secured   by  the  same 

Xorth  (I^A-  of  Lord  Keeper  Guil- 


See,  also,  sir  John  Ueresby's  IMemoirs  tu 
which  Mr.  Hume  (Note  to  p.  '2tij,  \ol.  «i,  of 
his  History,  eililion  of  lMu7)  reCeis,  when  he 
admits  that  the  transfer  of  the  riuht  uf  electi'Uj 
from  the  people  to  nia^n>tr:ites  named  hy  tiu 
crown,  wjiS  in  reulitv  ii«'iiiii»:;"  ihiun-nt  fn»m 
^p.  1U4,  8vu  etiit.  of  \^U\i)  tells  the  king's  naniini;  the  inembrrs  ^  uiid  lie  iio- 
'oillrada  of  Chart«rs  ran  lu  excess,  '  rice;;  that  the  wauiv  wct  ol  ;iuiltur.tv  hud  bc«a 


SI]       STATE  TRIMS,  36  Craubs  H.  iSSi^THf/^  ITm.  SukeunU, 


CLofCr,  Gentlemen  of  the  Jmy,  hearicen 
to  the  Reconl : 

*  Sir  Robert  Sawyer,  knt.  his  majesty's  At- 
« tome^-Gencral,  ma  exhibited  an  InformatioD 
t  in  this  court  against  Wm.  Sacheverell,  esq. 
c  Georq^  Gregory,  esq.    Richard  Mansfeild, 


employed  in  all  tlie  boroughs  of  Scotland. 
Yet  has  the  Prince  of  Orange  been  blamed  for 
not  summoning  to  the  Convention  the  members 
of  king  James's  Farliament. 

In  the  Cases  of  the  duo  Warranto  againrt 
the  City  of  London,  already  referred  to,  and 
that  of  Pilldngton  and  others  (toI.  9,  p.  187), 
and  in  the  Notes  to  those  Cases,  are  mentioncNl 
many  particulars  of  the  distractions  which  pre- 
Tailed  m  the  metronoln.  (See,  too,  as  to  South- 
wark,  the  Case  or  Slingsby  Bethel,  vol.  8,  p. 
747). 

The  following  Extracts  from  Narcissus  Lnt* 
treira ''  Brief  Historical  Relation,"  MS.  in  the 
library  of  All-Souls'  collei^e,  Oxford,  throw 
farther  light  on  the  proceedings  i^nst  Cor- 
|)onitions  in  genctral,  and  tlie  distractions  of 
the  city  of  London  in  particular : 

"  Nov.  1683.  Some  days  since,  a  person 
unknown,  came  to  the  house  of  Mr.  John  Du- 
bois, who  stands  in  competition  to  be  one  of 
the  sheriffs  of  London,  and  left  there  a  packet 
for  him,  wherein  were  inclosed  sereral  treason- 
able and  seditious  libels;  a  while  after,  tlie 
same  fellow  came  again  and  brought  another 
packet,  and  then  he  was  served  and  carried 
before  the  lord  mayor,  who,  on  proof,  com- 
mitted him  to  the  Counter ;  about  two  or  tlirce 
days  atlcr,  he  was  admitted  to  bail,  himself  in 
'20bL  and  his  bail  in  100/.  each  ;  two  or  three 
days  after,  the  sessions  coming  on,  a  bill  >vas 
found  against  him,  and  he  and  his  bail  being 
called  for,  neither  of  them  are  since  to  be  heara 
6f :  this  is  looked  upon  by  some  as  a  hanpy  de- 
liverance to  Mr.  Dubois,  for  undoubtedly  had 
the  pa))ers  lieen  lodged  there,  Mr.  Dubois 
should  quickly  have  been  searched  for  the 
same,  and  it  would  have  been  construed  to  be 
a  new  desiirii  a«^nst  the  government,  for  the 
|»apcrs  contained  matters  of  dangerous  im- 
portance, some  were  libels  against  the  king 
anil  others,  and  thiro  was,  wa  is  said,  a  paficr 
of  advice  to  Mr.  Dubois,  as  sheriff,  to  ruiic  ihc 
potte  comiiatut  to  meet  an  uruiy  t>j  liat  c  conic 
out  of,  tScc.  to  op|KMe  a  aibitrafy  jKiwcr.  The 
Dissentert  bate  been  prosecuted  lately  iiioi-e 
violently  than  ever;  for  now  the  cinii-clr- 
wardens  of  most  parishes  ha^  c  prcscutint  them 
to  the  ecclesiastical  courts,  whu  have  pro(H;<  Jed 
against  them  even  to  excomnmnic.il  ion,  w  Ihio- 
by  several  hundreds  in  London  linvr  i>pt:!i  slmiI 
to  the  De\il;  but  this  is  made  use  uf  only  n^s 
an  engine  to  serve  a  turn,  which  is,  iSt.  Th'inius^ 
day  approaehing,  \«  hereon  the  conimou  cunncil 
men  tor  the  city  of  London  are  choscu  ;  this, 
as  is  said,  is  to  incapacitate  Dissenters  to  i  ote 
for  any  one,  whereby  if  the  Tory -party  can 
procure  such  a  oonimon  council  as  is  tit  for 


'  esq.  Henry  Plomptree,  esq.  Cbarlei  Hm 
'  son,  esq.  John  Greaves,  gent  Wm.  Gf« 
'  cent.  Samud  Richards,  Rob.  Green,  Fi 
<Sahnon,  Arthur  Rkhards,  Ralph  Be 

<  John  Sherwm,  William  Wilson,  dark 

<  muel  Smith,  Thomas  Tkigg,  Rkhwd  8 

their  turn,  havins  the  mayor  and  mmM 
of  the  court  of  al&rmen  for  them  abetdy, 
intend  to  surrender  the  Chatter  of  the  e 
London. 

**  Sir  Geom  Waterman,  aldermaii  c 
Bridge-ward,  being  some  time  sinee  dem 
lord  mavor  gave  out  summons  Ibr  the  c 
of  an  aMerman  in  his  stead.  The  compi 
on  one  side  were  de|mty  Danidl  and  snr 
Russel,  OB  the  other  Mr.  Fapitkm  and 
Shute ;  but  the  majority  bemg  mathr  fi 
twn  last,  the  lord  mayor  was  pleaaed^  ii 
midst  thereof,  to  adjourn  the  polL 

"  Mr.  Pilkington,  aklerman  of  the  wa 
Farringdon,  having  laid  down  his  g^own 
lord  mayor  was  pleased  to  issue  out  his  pi 
for  a  new  election  of  an  alderman  of  that  i 
the  com]fetitors  were  the  lord  mayor  an 
W^^illiani  Turner,  on  part  of  tlic  aldenm 
one  side,  and  sir  John  Lawrence  and  •■ 
bert  Clayton,  on  the  part  of  the  aldenm 
the  other  side.  In  behalf  of  tlie  comm 
on  one  side,  were  Mr.  North  and  Mr.  ] 
tlie  two  sheriffs ;  on  the  other  side,  wen 
Dubois  and  Mr.  Hawkins,  a  sciiveBer; 
choice  bctngf  doubtful,  they  came  to  a  poll 
there  was  ki\  or  eight  commissioners  appoi 
to  inspect  the  same,  w  ho  would  admit  no 
to  poll  tliat  was  excommunicated,  or  that  i 
not  take  the  oaths  of  allegiance  and  snprei 
which  were  tendered  to  them ;  a  thing  i 
wondered  at  by  some,  as  new  and  withoo 
precedent  in  such  cashes ;  how  the  choice 
fall  is  yet  uncertain,  though  most  thiid 
Tory  partv  will  carry  it,  haxiiig  by  thv 
device  cvcluded  all  the  Uuakers^  who  wi 
swear  at  all,  and  several  of  the  most  mod 
persons  will  not  poll  at  all,  as  not  iikuig 
impositions. 

''  The  election  for  the  alderman  of  the 
of  Farringdon  ^Vithout  being  over,  and 
North,  one  of  the  sluTiffs  of  London,  bein 
turned  to  the  court  ot'uldenucn,  as  duly  ch 
and  sworn  aei'ttnlinglv,  these  ihiiiffs  ar 
inarkablc  in  ihc  in:ui:i<;fmiont  of  tnc  a 
the  fKiths  or;<llr:rianL-r  and  supremacy  im] 
on  every  \otcr;  x\\\\  (<nmm*ssioneiv  tlurt 
derud  tlicnn  ntitorionNly  kinnvn  to  be  vi 
persons  for  tho  Tory  party :  then  the  m 
days  adjouniniciit  aii<l  delaying  of  tlie 
antl  kcepiro'  the  iioll-lKioks  oi»on,  wherd 
fir>t  tlicTui'ie.i  UimVui;;  the  Whigs  had  i 
tiie  niuiorit}',  tin  y  delayed  the  iniH  to  sec 
uukuuwn  |M'i*sonK  to  balance  tlic  |miII,  wh 
there  wut*?  sttcFal  of  the  iiihahila.its  of  W 
iryeni,  jiliMruits  of  (/liil'orJVs-inu,  who  i 
used  to  \  jte,  and  divers  who  li\  e  not  ii 
wanl,  nor  pay  to  rhun!h  aii'J  |Hior :  the  1 
party  finding' tilings  thn-;  nnnngrd,  .sevei 
theui  vmwX  and  |M;liii«ii>id  the  lord  mayo 


n  oHMMff.  JoMb  TurpiDt 

I,  Ifjioipliivy  BArkrr,  aod 

that  wUereastlkr  *29ili  dn)' 

tbe  d4Ui  y«ftr  of  the  kini<, 

Jiflmatily  m  N<4t]iigHmiii«  in  th^ 

I  mid  lo^m^  duly  fumnioiied  and 

■Mt  Mbre  G«rr«8  Wild,   then 

€  Hkm  Ml  l»wii,  fm  liie  elt^ctin^r  and 

uC  m  owTor  of  Ibat  Unrii,  foi-  tlie 

tifOtm  office  of  mayor  of  that  tmra 

«r  Ibiii  wsxi  folU»wiiif ,  according 

Bi  ittd  tCBor  of  tfertaw  ieitcfB  patent 


^poUi 


STATE  T&ULS^  36  Ckahles  II.  \6U,^end  oiher$Jor  a  Rht.         [S* 


*■  in  that  behalf  before  i^Tantad^  by  uur  s/jvere]|^ti' 
^  lord  the  kin§f  that  now  is,  ttato  ihe  mayor,- 

*  aHernjen^  atid  burjfesses  of  the  t«wii  of  Not- 

*  tiugliAjn,  in  the  county  of  th^  said  town  \  aad 

*  that  in  that  Assembly'the  said  0«rfat»»  bein^ 
*•  tlieo,  ai  aforesaldf  mayor  of  the  said  town, 

*  began  to  proceed  to  such  eiectiun  ;  uod  that- 

*  then  and  there  the  said  mayor  innde,  and 

*  caused  to  be  made,  a  pufoUc  pniclamaTion  for 

*  the  departure  of  all  persons  from  that  election' 

*  that  were  imconcerned  thereio,  and  for  keep- 
'  iug  tbe  hang's  fieace ;  and  that  nevertheless, 

**  May«  1685.  About  this  ttme^  persons 
were  Tery  busy  in  elections  of  uitfuibersi  of  the. 
House  of  CommoDS  to  serve  in  the  eusuiog. 
l>arUament;  ^reat  tricbi  and  prarticea  were 
used  to  bmuc  in  men  wcU-affected  to  the  king, 
and  to  keep  out  all  those  they  call  Whiu"^  or. 
Trimmers.  At  some  places  as  Bfdfuni,  &e* 
they  eboae  at  night,  giving  uo  noii«?e  of  it;  in. 
other  horouffhs,  as  Sl  Alban's,  tbev  have  now. 
regulated  fit?  elet-tors  by  new  cltarters,  ia' 
puitinir  the  election  into  a  selected  number,, 
wht-n  It  was  before  by  prescri;<tion  in  the  iu-. 
habitants  at  large.  In  counties,  they  ad" 
jourtied  die  poll  fmm  one  place  to  another  to 
weary  the  fieeholderSf  retusiiig  also  to  take 
the  votes  of  excommunicated  persons,  and- 
oilier  disaenters ;  noblemeo  busying  theniselrea 
H'ith  elections,  getting  the  writs  and  precepts 
into  ttietr  hands,  and  managing  them  as  they* 
pleased;  King  commanding  some  to  stand}  and 
ibrbidding  oiliers,  polLItig  many  of  his  servants 
at  Westminster  to  carry  an  cmtion ;  foul  re- 
turns made  in  many  places,  and  where  gen- 
tlemen stooil  that  they  called  Whigs,  they. 
offered  tbem  all  the  trick  and  affronts  ima  •  > 
ginable. 

**  June,  1687.  The  Lord  Chancellor  dined 
lately  in  tlie  cit}',  and  waa  pleased  to  discharge 
three  aldermen  on  their  own  desire,  sir  Thomas 
Griffith,  Kir  Bt^^njamin  Newlaud,  and  Mr.  Peter 
Pallavicin,  and  he  told  them  his  majesty  liad 
given  the  city  the  privilege  to  choose  their 
sheriffs  as  formerly,  and  that  the  lord  mayor 
might  drink  to  one  as  £$hmif,  free  or  untrce 
of  the  city,  ai^  that  he  should  either  dneoc. 
hold. 

**  June  17-  The  lofd  mayor  and  aldermen. 
hare  lieen  at  Wintkor  to  thank,  his  msjetity  for 
his  grace  and  favour  to  tbem,  in  permitting 
them  to  choose  their  sherifls. 

*♦  July  12*  The  city  of  London  hare're- 
ccived  lately  above  8,5Q0^.  for  fines  for  sheriffs 
and  aldermen." 

Bprat  (In  bis  Second  Letter  of  Excose  to  the 
Earl  of  Dorset  edit  1711,  Bra  pp.  16,  17,  at 
cited  in  the  Bi(^rapbii,  article  Sprat)  seys^  as 
1  uti'lei-stand  him,  for  his  languag*'  ^  not  so 
iiu equivocal  as  might  be,  **  that  under  king 
James  a  Quo  Warranto  **as  actuallv  issued 
Mtt  a^ain**t  the  Ro^nl  Church  and  Slchoot  of 
tVeiitnunster/*  St-e  <ionie  arcountvf  ><ptiit  in 
the  introduction  to  the  Trutls  for  tbe  Hye- 
R<»tts#  Plot,  ToL  9^  p.  30S,  of  this  Collection, 


ibr  m  scmtiiiy  of  the  poU ; 
M  limned  llmpli  h«tdhr  sver  koowti 
b^  ibese  ^racskes  >ir.  North  had  the 

balK  be«D  pleased  (o  make  an 
a;{mtDit  mcTchautji'  spiriting 
ttSTky  yoting  children,  and  dt- 
i«w  to  proceed  fur  the  future  in 
tf  tbcy  send  beyond  sea. 
for  an  sddflrman  of  Bridge* 
i^  room  of  sir  Oeorge  Waterman, 
isai  last,  afW  several  adjourn meiiLs, 
'luu  r  It  was  by  most  persons 
ee  irould  ikll  on  Papdlon  or 
exflommunioations  and  call- 
who  Itad  nw  rig^ht,  the  choice 
d^tjf  ^  Daniel  1 1  by  seven  per- 
j^  otliera  say«  notwithstanding 
pro«^€3diag»,  the  two  first  had 
2U  if  howefer,  DanieJl  is  aider - 
dr  tbat  Wiu-d. 

Tbofiuts  Huot^  a  gmtleman 

titr  writ  a  jpamplilet  intitled, 

t  Charter  of  the  City  of  Lon 

;  Ibit  neitlter  tlie  charter  of 

or  of  any  other  corpora - 

*  by  law,  wiierein  are  sercral 

bis  been  censured  as  a  libel, 

bath  preferred  an  tnfor- 

Itbe  persons  mat  surrendered  the 

town  of  Nottingham,  but  Mr< 

1  would  not  at  l&rst  allow  it 

SatS*  TliaCorporatiotiofthectty  of 
lAviogp  scsite  Lime  Hince  vurremlereil 
mr^  Ave,  as  n  said,  Utely  petitioned 
ay  io  Ittf  •  it  igatn. 

10^4.    The  NcKluigbam  Rioters 

of  ILiog's-bench  to  reeeive 

Wm*  ^chevertll  was  fined 

•.  GrtfOT)^  3(X)  i  Mr.  Hutchln- 

iLtf  ml  according  to  the  va- 

aiid  thai  alt  of  them  fmd 

behaviour  ft»r  a  twelve* 

Tba  mayor,  sldemien  and 

oflhedt;  of  l>urlMim,  bsvt- 

r  0)«rlrr  into  the  bands  oi  f  he 

who  has  menrcd  to  htm- 

ia  tbat  8ee,  the  power 

aflniiing  the  maTor.  re- 

oonunoa  osmuai  m  the 


S5]        STATE  TRIALS,  36  Chahlks  II.  1684.— TnVi/  of  IVm.  Sachevereli, 


*  tlipy  iW  said  Wniiam  Rache^'crell.  and  xht  I 

*  real  oi  the  dWundant*,  hfini;  persons  well 

*  kinwiuf:  the  premiios,  and  imtcncerned  in 

*  that  election,  but  being  ill-disposed  persons,  ! 

*  and  to  disqniet,  moleAt,  and  trouble  the  peace 

*  of  our  lord  the  kinjf  that  now  is,  antl  the 
•common  tranquillity' oF  that  town,  end  the 

*  aforesaid  election  wfiolly  to  hinder,  (!id  during 

*  the  UiDe  of  the  said  Assembly,  and  after  puh- 

*  Ho  prorlamatiou  niaile  as  atoif  said,  viz.  the 
'  said  39lh  day  of  September,  in  the  n foresaid 
'  34U1  year  of"  this  king^,  at  the  aforesaid  town 

*  of  Noi'ingliam,  in  tlieoouny  of  the  said  town, 
'  with  force  and  aims,  &f\  riotously,  routously, 
'unlawfully,  and  stdiiior.sly,   toj^cthor   with 

*  noany  other    ill- disputed  ]>cvsons,   and  dis- 

*  turbei-s  of  the  peace  of  our  saitl  lord  the  kinjf, 

*  to  the  nunnbifr  of  500  persons,  to  the  said 

*  attorney -^enf-r  a  I  as  yet  unknown,  assemble, 

*  congrcg'iiie,  and  unite  themselves  tn^jether, 

*  and  tljemsdves  to(>pether  continued,  to  disturb 

*  the  peace  of  our  lord  the  king  that  now  Is ; 

*  and  that  then  and  thuv  the  said  William 
'  Sachrveroll,  and  the  other  defendants,  the 

*  aforesaid  unlawful  and  ill  disposed  persons  so 

*  assembUd,  conjjreg^atefl  and  united  then  and 
'there,  with   force  a!;d  arms,  Sec.  liotously, 

*  routously,  unlawfully,  tuinulluouslv,  and  se- 

*  ditiously*  by  t  he  ^nnce  of  7  hours,  to  disturb  the 

*  peace  of  our  said  lord  the  kin;^,  and  lo  continue 

*  tlie  said  riot,  did  excite,  move,  persuade,  and 

*  |)rocure,  and  then  and  there,  oy  the  whole 

*  time  aforesaid,  made,  and  caused,  and  excited 

*  to  be  made,  great  rumoui^;,  clamours,  terrible 

*  shouts,   and  unusual  noises ;  and  then  and 

*  there,   with   force  and  arms,  iScc.  riotously, 

*  routmisly,   unla\\ fully,   and   s>edi(ious]y   oue 

*  mace,  btuiji  the  cnsiu^n  ofoflice  to  thesherifls  ; 

*  of  the  cduiily  aforesaid  beloii;»inij,  froiu  one  " 

*  John  ]\I.din.'lhe  said  Juliu  Mulin  beinq*  ihcu  ■ 

*  one  of  the  slienris  of  the  town  and  louiity  of  j 

*  the  t!>-.vn  or\oUiii!,'lKun,  at^iiinst  the  wili  uf  | 

*  the  alljn  s!ii-l  John  Malin,  took,  hud,  canie^l  . 
'  awav,  ami  (ii.-liiiiie.K  to  the  inci'iii<;  of  ijn::it 

*  dan(r«.T,  and  niOviiiL<f  of  tntuiilts,  anti  cHusiun 
'of  much  blond,   to  tlio  jrn-ai  Ifrror,  discpm't, 

*  and  fear  of  all  the  Ywi^v  sidi-ti  is  ifoursaiil 

*  lonl  the  kin'^-.  to  the  »;vil  i.'xaiiipk>i'f  all  oiher^  i 

*  ill  like  case  oHfiidiiii;,  and  ii^aitisi  itif  \nacv 
'  of  our  sail!   lord  the  kini;,  liml  uow  is,  Li:^ 

'  crown  and  dijrnity.*     To  this  IiiJonoalion  all  | 
the    DefviifLmis   lint    Kicl.ard    M.in.^uild   aii«l  ; 
IKiiry   I'iuiiipnv,   have  pl.'.ulcd  Not  (iuilty, 
and  i'ur  lv\[\\  pul  lih-mselves  on  the  roiir<:/v. 
lint  tin*  ililind.'i.Us  huvv  ulu-^jed  llKit  t'v.v  in-  . 
hii!):iants  of   tiic  ni^vii  :ind  ntuntv  of  ihi-  U  \m\  '■ 
of  Notti(i>'haiii  ou^ hi  not  to  lie  drauii  «>(ii  of  J 
the  s.iid  count V,  smd  thai  the  e«uuit\  of  K(  i:i  j 
is  ilii.-  uc-xt  C'Muiiv  tir  lb:  '.-ouu.y  'd' tiiL-  t«r.ui  of  ; 
^i(»ltin;^li:llll,  and  thrretuiv  h.iu*  pray.il  tlia:  :i  j 
jury  ol  ill;-  county  of  Kmh^  u\h^\i\  trvt'se  i-.-ne;  I 
to  whiili  ih«-  kiu'^'s  iUi'»iiivv   has  iiw;r(«*d  ;  :i:ji| 
you  Imjujt  fri'i  holiter.%  of  liil-  rouniy  cl'  Kiiit,  j 
and  reiurn*  il,  ami  sworn  l«)  tr^  ihisi  au.^t.*.  ;,-^»ur  ' 
cliurif^   is  ».»  i-.>(piire  «hit!ior  llu*  dtfenUunis,  ' 
or  any  of  tin  in,  are  (juiltv  of  llu"  ufleme  in 
this  iti formation,  or  ^lot  Guiltv,  uud  if  you  iitnl 


them,  or  any  of  them  ijuilty,  you  are 
so ;  and  if  you  find  them,  or  any  of  thei 
ffuihy,  you  are  to  say  s«> ;  atid  hear  yoii 
dcnce. 

Then  ProclamatiuTi  was  made  for  evi 
in  the  usual  uKuinir. 

Mr.  HolloiL'ct/,  !May  it  please  your 
ship,  aiiil  you  fienllemen  of  the  Jury,  1 
an  Infoniifltion  pr«.f?rrwl  by  Mr.  Attorne 
neral.  ccfftiust  \Vil!i:iin  %Sacheverell  and  g 
for  a  m«ist  jiotoriou?  riot :  and  it  sets  forti 
up'in  the  23.h  of  September,  in  the  34il 
of  this  king,  at  the  town  oi'  Nottiogfham, 
was  ai!  assembly  duly  summoned  beliire  C 
Wild,  then  mu\or  of  the  said  town,  fi 
election  and  swearing  <jf  a  new  mayor  < 
said  town  for  the  year  ensuing- :  that  the  1 
bccran  to  proceed  10  election,  and  made  p 
mation  for  all  person >  to  de[)art  that  we 
concerned  in  tne  election,  that  the  defet 
beinfi^  no  way  concerned  in  the  electio 
being  ill  disposed  persons,  to  disturb  the 
ot  th»t  place,  and  set  the  town  together  I 
cars,  did  in  a  riotous  manner  assemble 
selves  with  many  other  ill- disposed  perw 
the  number  of  500,  and  continued  in  th( 
for  the  space  of  seven  hourb',  with  a  grei 
of  noise  and  tumult,  and  with  force  anc 
did  riotously  carry  au*ay  and  detain  a 
from  one  Jolin  Malin,  then  one  of  the  s! 
of  the  town,  against  his  will,  to  the  great 
of  his  majesty's  subjects,  and  to  the  evil  t 
pie  ot  all  others  in  the  like  case  offending 
against  the  king's  ueaue.  If  we  prove 
any  of  thrac  defetiuauts  who  have  pleadc 
Ciuilty,  to  be  Guilty,  you  will  find  them 

Mv.  Recorder  (sir  'f  iiomas  Jenner).  J 
please  your  Lordship,  and  you  Gentlen 
the  Jury',  I  am  of  counsel  in  this  cause  1 
kinir:  This  i>  an  Inforuia'ion  against  a 
oi  21  persons  for  being  in  a  notorious  rio 
continuing  in  it  for  two  days  together. 
]deuse  }ou,  Mr.  Saclieverell  he  is  in  the 
of  them,  and  ho  and  seven  more  of  the 
fe:iduiits,  very  eoiiiiiilerable  persons,  we 
at  alt  coiiceriicd  either  b\  any  obi  char 
bv  the  new  charier  in  this  election,  but 
stiaiigei-s,  and  \ et  they  must  needs  coi 
purpose  to  inflame  and  set  on  the  othc 
>ha[l  iiuine  iheiii  th.it  were  not  concer 
tin:  election,  William  Sacheverell,  Geoiv 
gorv,  i'liarlis  Hutchinson,  William  V 
cNiik,  Jost-di  Turpiii,  Nathaniel  Ch 
s  iit;ut  \'.Yi\  liarker,  and  Joseph  Astlin. 
p.  ooiis.  ^L>!itlf-i!ien,  had  no  manner  of  pv 
to  be  :\t  thi^  phee  upon  the  account  of  ai 
tion  Tin;  iiiartrr  of  it  \ta.s  thus  :  Michai 
div,  1<}V.*,  ilie  mayor  that  then  was,  I 
U'lid.  \^as  at  hisov.  11  house,  with  some 
l-nthriM,  ill  order  to  go  to  church  that 
i:ig.  a-.'fonliug  to  the  usual  custom  o 
place,  aL  tlw-  tl.iy  ofcb-ction ;  but  having 
lit;.:  th«  If  \\..i  :•  charter  coming  dowi 
e\pi-4ird  cviry  moment,  truly  the  othc 
Mr.  Saclit Acrell,  and  the  re»t  that  were 
for  he  was  prttscut  liiui«elf,  were  very  1 


STATE  TRIALS,  S6  Charles  II.  l684.— Mff  othen.Jor  a  Riot. 


tS8 


D  church  very  early,  but  I  bciieTC  not  so 
Mit  of  x«ral  t<»  ifo  to  cliurcli,  but  more  to 
lo  a  spce«ly  electinn,  it*  possible,  before 
*w  charter  come  Jovi-n.  The  mayor  at 
me  time  dcsirotl  tUein  to  stay  a  tittle,  but 
■ot  prevail,  and  tbereupun  they  (((»  to 
b,aiid  while  thpy  were  there,  tlie  new 
r  comes,  and  then  ihe  mayor  bavins^  ifot 
rv  charier,  i;«n!8  into  the  council- hull, 
tads  Ibr  the  Inioks  from  the  clerk,  who 
heo  io  the  church,  and  be  came  and 
b(  them.  When  tiiey  came  to  the 
il-baJI,  the  mayor  was  proceeding  in 
!•  have  hiniselt'  sworn  u^mn  this  new 
r,  and  they  having  ^onte  notice  what 
mo^  aft  the  council- hull,  were  willin*^  to 
all  the  haste  they  c«mld  out  of  the 
ht  and  came  down  to  the  council- hall: 
ihen  they  came  there,  the  mayor  tells 
hm  buitioestf,  that  he  hud  a  new  charter, 
fm  ^oing'  to  be  Kworn  according  to  the 
i  cspreas  comniission ;  and  SHcheverell 
(■p  in  the  front  of  tbem,  and  sayt,  We 
bic  BO  new  charter ;  we  will  have  no 
■■vor  as  you  would  have ;  but  we  will 
alSraaTes  mayor,  and  that  was  the  out- 
A  Gcaaves  ma  vor,  a  Greaves  mayor ;  to 
inw,  that  all  the  mayor  and  sheriffs 
Laii  couKi  not  pacify  them.  But  thus 
■ids  a  tumult  and  an  uproar,  by  the  help 
pnM,  Wilson,  who  1  believe  will  give 
■MHby  and  by,  what  he  had  to  da  there, 
|0V  As  VM  concerned  in  the  election  of  a 
tf»  M  fea^^h  the  mayor  wan  tbrccd  to 
pfKgMd  did  ifo  down  out  of  the  council- 
ribb  iMstbe  common-hall,  where  he  got 
Vrifaswo;  and  by  that  time  he  had  i>ot 
KJhi^  Ifcey  came  out  of  the  council-ch^MU- 
■It  ahe  common -hall,  and  acquaint  the 
■;  that  truly  they  had  chosen  Greaves 
m  m  the  council -Vhamber,  and  required 
liflvcar  him.  Mr.  Mayor  said,  they  had 
in  is  do  to  choose  a  niayor,  it  was  nu 
hi^  and  thev  would  pruceeil  to  I'lec-tion 
limg  to  the  charter,  he  having  now  taken 
tfh.  This  Tuisetl  the  tumuli  highor,  and 
Jktn  were  i^A  togellier  about  500  per* 
,m  that  at  last  some  of  the  aldermen  that 
M  ibo  ouiyor,  were  fain  to  wiihdi  aw  fur 
^■ischief,  the  tumult  was  so  outrageous, 
laijinK  out  the  new  charter  was  noi  worth 
pHBt  others  crying  out,  No  new  charter ! 
il  erymg,  A  Greaves  !  a  (ireaves !  and 
^•y  stood  upfiu.  Tiie  mayor  witiidrew 
paVB  house,  uithmuchaJo  he  got  out 
pWi»  and  when  he  was  got  thither,  there 
pJMsds  to  an  ele«:iiou,  and  h  bile  lie  wun 
IJ^M,  truly  they  having  gotten  sine  of  the 
■away  by  ffirce,  tlivy  went  to  the  crosN, 
MR  they  procluinie^l  their  mayor,  with 
Mfcaoiaon  and  outcries,  rejoicing  lur  the 
■r  they  had  gott'^n,  and  the  new 
■  they  have  defeated.  While  the} 
li^  the*  mayor  having  chosen  another 
riallie  new  charter,  regularly  caiiie 
ipiWliinird  that  mayor  at  the  market 
>li  wmak  ID  wch  cases,  and  made  pro- 


clamation that  the  rest  sbonld  depart ;  Imt  in- 
stead  of  that  they  witlistood  him,  and  would 
not  suffer  the  cryer  to  make  proclamation,  that 
any  body  could  hear  him;  hut  a  great  riul 
they  committed  iu  an  outrageous  manner,  i-e- 
sistmg  authority,  defying  it,  and  despising  it. 
After  this,  this  woiihrnot  satisfy  them  yet,  bn; 
the  ne2rt  day,  l>cing  market-ady,  they  must 
proclaim  their  mayor  again,  which  is  a  prac- 
tice never  known  upon  any  election ;  hut  at 
the  open  market  them  l)efore  ail  the  people 
they  proclaim  him,  with  great  rejoicing  for 
the  new  mayor  they  had  gotten,  and  wishing 
the  people  to  stand  by  tiiem :  and  for  their 
part&,  if  they  had  not  right  d(»nc  them  now, 
they  did  not  cloubt  but  to  meet  with  a  parlia- 
ment that  should  do  them  right.  In  this  great 
disorder  was  this  town  by  this  tumult,  which 
was  thus  headed  by  persons  of  eminency,  and 
popular  (lersnns,  who  helping  to  carry  on  such 
a  taction  as  this  was,  it  was  great  odds  there 
had  not  been  real  fighting,  and  battle  in  good 
earnest;  but  it  did  happen  to  be  better  ap- 
peased, and  they  went  home,  but  ever  since 
their  whole  business  has  been  to  uphold  this 
power,  and  attend  him  up  and  doun  constantly 
since  as  as  their  mayor,  and  opposing  the  au- 
thority of  the  mayor  by  the  king's  new  charter. 
We  will  call  our  evidence,  my  lord,  and  they 
will  every  one  of  them  s|»eak  to  the  several  de- 
fendants, and  the  several  ;)arts  of  this  famous 
riot ;  and  when  we  have  done  this,  we  hope 
you  will  be  satisfieil,  gentlemen,  to  find  them 
guilty. 

Mr.  North.  Will  your  lordship  please  to 
spara  me  a  word  of  the  same  side  for  the  king  ? 
My  lord,  this  is  a  proceeding  of  an  extraordi- 
nary nature,  and  if  ui»t  taken  notice  of,  it  will 
be  thought  there  is  no  law  in  £uglaiid ;  for  it 
is  a  metho<l  to  have  authorities  qu<\stiMnefl,  not 
in  Wcstmiiister-haU  by  the  ruli:s  of  law  and 
justice,  hut  decided  by  noiric  and  rabide,  and 
gfiing  together  by  the  ears.  My  lord,  this 
surrender  of  the  old  charter,  and  liie  sending 
down  of  a  new  one,  whs  not  secrrt.  but  well 
known,  and  that  occasioned  the  irreat  cor.grc- 
gation  of  tliese  geiitleuuMi  that  had  nothing  to 
do  in  the  town,  and  no  it  was  a  [in-mcdiiateil 
design  to  give  a  disturbance  in  the  place,  in 
opposition  anil  alfn)nt  to  his  maiesly's  charter. 
My  lord,  1  d«»  suppovw  th.-y  v»'iy  w«.-ll  knew 
that  matters  of  that  nanu-e  vere  prop<-rly  de- 
tiTmiuahle  ill  a  i\ay  of  law;  and  it  the  iiia>or 
hail  no  authority  by  the  new  ehuilei'  t«»*  do 
what  he  ili  I,  they  kuew  \ery  well  how  to  (pies- 
tion  him,  and  iIk-iii  that  jouird  wiih  liini.  lor 
il :  but  they  did  not  think  that  so  ctfi'ctual  fur 
their  purpose ;  thpy  did  not  think  til  to  take 
that  coursf,  hut  ruilivi-  chose  to  pnuM-eil  in  the 
methods  of  distiirbimcc,  and  that  occ.i>iioi:ed  all 
that  Mr.  Nerj(*ant  has  o|»eiicd.  Tlic  lirsi  step 
they  made,  my  lord,  wasto  :i|»jica.in  tln'to\*n- 
hall,  there  to  make  an  rU'riinii  of  their  ov\n, 
and  there  to  oiy  up  a  mayor  of  their  o\»n 
choosing,  \^ithout  the  authont\  of  thf  pic^-iit 
mayor;  which  u  as  all  n-rcirular  from  the  be- 
giiuiiiig  to  the  cud,    W hctt  tlicy  had  dune  that, 


39]        STAT£  trials;  36  OaAELBft  II.  i684.->TnVo/  Wm.  SMcheverett,        [40 


then  this  mayor  must  be  proclaimed  up  aiul 
down  IhetowQ  upon  market-da^a,  when  the 
country  c&me  in,  with  great  noise  and  great 
rabble.     We  shall  call  those  that  were  present, 


nor  can  be  |faralleled  by  any  thing,  unless  by 
tliat  not  lur  i.tf  .be  common-hall,  at  London. 

Mr.  Jones.  M\  lord,  if  the  persons  that  bad 
been  concerned  in  election  (for  the  town  of 
Nottini(iiam  coosists  of  particular  ficraons  that 
are  to  ooiiie  aud  act  in  this-  matter  of  the  elec 
tion  of  the  ma^or)  had  licen  the  only  persons 
that  were  met  in  this  assembly,  pos'ibly  it 
might  have  had  some  sort  of  mitigaiioo  aud 
excuse ;  but.  my  lord,  here  are  mere  foreigiierfi, 
people  that  liaire  nothing  to  do  in  the  mattei 
nor  in  the  corporation,  bot  gentlemen  that 
come  out  of  the  country  with  an  armed  mnlti 
tode,  and  for  them  to  come  where  they  had 
nothing  to  do,  and  makt  such  a  riot,  in  such 
an  outrageous  tomoltnons  manner^  is  the  next 
act  I  know  to  the  highest  rebellwn.  For  they 
knew  ?ery  well  what  the  matter  was,  by  the 
ones  of  A  Greaves!  a  Greaves!  NoTopiady! 
no  Toplady !  No  new  Charter!  and  you  see 
who  were  the  abettors.  In  truth,  the  insur- 
rection spread  so  far,  that  if  the  duke  of  New- 
castle, who  is  lord  lieutenant  of  the  county, 
had  not  cove  with  force,  they  had  gone  down- 
right to  Mows,  and  been  all  in  bkiod.  And  if 
wmdk  proceedings  be  not  pohlidy  minished, 
the  king's  authority,  and  the  peace  or  corpora- 
tiona  can  nerer  be  preaerred.  We  shall  call 
our  witnesses  to  prove  it ;  8acheverell  was  the 
captain  of  them,  and  we  shall  begin  with  him. 
Mr.  Puwii.  My  lord,  we  shall  make  it  short, 
lor  we  shall  shew  without  meddling  with  the 
old  charter  or  the  new  charter,  it  was  a  riot. 

lUeofder.   Swear  Mr.  WiM,  Mr.  Edge,  and 
Mr.HaU.  ^ 

Mr.  Foilexfen.  ITiere  will  be  one  thing  ne- 
cesnry  to  be  settled  in  this  case,  my  lord,  con- 
cerning the  witnesses;  they  call  Wild  and 
other  persons,  they  are  members  of  the  new 
corporation,  and  we  object  against  them  as  be- 
ing witnesses  in  this  case,  and  our  objection, 
my  lord,  arises  thus:  It  will  appear  in  this 
case,  that  there  is  a  controversy  betwixt  the  old 
chartor  and  corporation,  and  this,  that  the  in- 
formation is  brought  upon  the  new  corporation, 
whether  the  old  corporation  be  still  in  beinf , 
or  was  at  this  time  in  being;  and  whether  this 
new  chartrr  be  a  good  charier  in  law :  the  mat- 
ter depends  both  in  this  court  and  in  cbanceiy ; 
a  Scire  Facias  is  tliere  brooght  against  the  new 
charter,  sod  a  Qua  Warranto  here  against  the 
old.  Now,  uiy  loni,  it  will  so  tall  out,  that  if 
80  be  the  new  charter,  upon  which  this  infor- 
mation is  founilnl,  be  not  good  in  law,  we 
think  it  got  a  with  the  defendants.  So  now 
they  call  the  nieoibevs  that  claim  under  the 
new  corporation  to  be  witnesses,  and  thereby 
they  would  have  a  privilege  by  their  own  testi- 
mony, to  maintain  their  interest  in  the  new 
charter,  which  wc  thbk  by  law  they  oaghl 

BOttOOD. 


£.  C.  /.  (sir  George  Jefferies).  Look  yoa, 
Mr.  Pollcxfen,  though  it  is  not  fit  for  ns  to 
interrupt  gentlemen  when  they  are  making 
harangues,  yet  we  must  tell  you,  we  do  not 
take  notice  much  one  way  or  otlier  of  the  dif- 
ference lictweun  the  old  charter  and  the  new, 
for  our  business  is  to  mind  that  which  h  be«  .; 
fore  us  upon  the  information,  and  we  must  srt 
by  all  tilings  that  are  not  before  us,  and  nil 
take  notice  of  them  one  way  or  ot  her.  Do  yew 
think  we  intend  to  try  the  new  charter  or  tk« 
old  charter  upon  an  information  for  a  riot?  ^ff 
iu  case  there  were  a  douot  whether  the  old  oM 
l>e  gone  or  still  in  Iteing,  take  the  pntper  w^ 
fur  the  dfctermiuing  thosie  tbini^N.  Vou  shJl 
not  think  to  be  let  in  u|ion  the  biislneMi  nt  tt 
riot,  to  try  ihe  vsiidity  of  }  our  charter ;  if  yM 
have  a  Scire  Facias  to  refieal  the  new  clia.t8K  • 
or  if  you  have  a  Quo  Warranto  a^raiust  the  dm* 
charter,  in  God's  name  go  on  in  a  regular  wn^;^ 
liut  do  ^ou  tell  mc  Uiat  supposing  I  he  tM**^-. 
clkarter  i»  an  ill  charter,  and  the  okt  one  a  | 
f  »nt>,  thai  right  or  wrong  is  to  be  tried  by  i 
and  noise  P  No,  the  busroess  we  are  to  tiyl 
wlietber  here  were  a  riot  committed  by  t' 
defendants  against  the  public  peace  or  uo. 

Mr,  Hoit.   My  lord,  we  are  upon  the  i 
of  exoeptkiQ  to  the  witnesses;  and  they  op«i' 
it  theoudves  that  there  u  such  a  < 
in  the  town. 

L.  C.  J.    We  will  not  try  that 
here  at  this  time. 

Mr.  Ho!t.  My  lord,  the  in 
cial,  it  is  grounded  upon  the  new  ebaitir,  and 
sets  forth  that  this  Wild  being  mayor  by  vlrlM 
of  this  new  chartei^^^  -."V 

L.  C.  J.   He  was  mayor  defaeto^  and  I  ml^ 
not  know  but  he  was  so  dejure.    But  sinipiii 
a  man  do  take  upon  himself  to  be  mayar,  wmt 
it  may  be  according  tci  the  rules  of  nw  lit  W 
not  mayor,  the  way  to  know  whether  b»  '%|' 
mayor  or  no  by  law,  m  to  take  the  bmI' 
and  proceedings  that  the  law  has  appoin 
but  not  bv  tumults  and  rioto,  we  n 
none  of  tnoee  things  to  decide  oonti 
there  must  be  noUiing  of  plucking  out  '\ 
another's  throats. 

Just.  WUkint,  Pray,  Mr.  Hoh,  if  the  UlM 
sends  down  a  charter  to  make  a  oorponMll 
shall  all  the  people  rise  in  a  body  ■cwml  Mi 


No,  satisfy  youraelf  for  that;  if  the  lung  awM 
down  his  charter,  the  people  shall  not  fly  m  itt 
face  of  them  that  bring  it.  It  is  not  oobm  W 
that  yet,  nor  I  hope  never  ahall.  t 

L.  C.  J.  No,  no,  for  the  matter  of  righti  ipi 
are  not  upon  this  information  lo  detwrmUt 
whether  the  old  charter  lie  in  being,  or thenilF 
one  be  in  being ;  but  for  that  you  mnst  go  aiil 


cording  to  the  rules  of  law,  and  take  yoni 
gular  course ;  and  I  will  tell  you  by  the  i 
It  is  not  he  that  has  the  most  company,  tM| 

afi  Vmm 


has  always  the  greatest  ri^it:  we 


Et  riylit:  we  all  kae9 
very  well,  and  I  nave  been  m  a  place  that  Ml 
been  hinted  at  the  bar,  aod  there  indeed  he  A^ 
had  most  noise,  had  always  most  right,  as  tkMi 
thought ;   but  we  will  have  none  of  iImI 


thingi,  goon  fbr  your  right  ioangolarin^ 


mc  Mic0i». 


STATE  TRIALS,  SSCtiAtLEs  II.  leM.-^and  othen.for  a  Rtot 


No  New  Chnrtrr!  Theo  spoke  Btr.  Sflche- 
?4<rcl)t  Sir,  says  be,  thi4  iM  not  oar  tiitsinesi 
berc  now,  we  coiuo  here  ftir  the  dt:'<*ti«m  of  « 
tnnypr  by  the  old  charter.  Sir,  saiil  I,  (  kao\v  ' 
rtol  Hiiy  business  v^Ju  have  here,  nor  a  great 
many  ^e^tU;men  tfiat  ore  here ;  ir  iruuM  better 
become  you  to  be  iu  nriolher  place.  Kir,  snyil 
ije,  will  V"^  prot:€e<i  to  eltrclioii  or  no  i*  Sir,  ' 
sitys  I,  I  have  a  great  deni  mvre  to  do  beibre  I 
can  prncced  to  efcction  ;  1  yims  to  l*c  swora 
myself,  and  to  swear  Itair-A- dozen »  before  I 
could  prficeed  to  election,  in  the  room  of  tbo^e 
that  weru  turiUMl  out,  to  make  tbein  capable  of 
etecting-.  And  so  they  cTJed,  No  New  Charter! 
No  New  Charter  !  A  Grearc?!  mny*>r  *  A 
Greavea  i]iay4irl  Then  they  cried*  M*\  Alder- 
noaii  Edge,*  take  your  book,  ftud  proceed  ta 
election.  Who  ore  you  for,  Mr*  JVJuyor.*  Mai  J 
I,  yoa  cannot  proceed  to  tiny  election  without 
my  ton^itt,  and  I  disclaim  it ;  and  so,  gentle- 
tiemen,  farcTicll.  My  lord,  that  wait  in  tb« 
Council-boojte  aext  to  the  Guildhall. 

L  C\  J,    What  day  was  that  ? 

WUd  ll  was  Frktay^&Iichaelmiis-day,  16821 

I.  C.  /.    Well,  ffo'  on. 

Wild,  So^  my  lord,  I  adjourned  the  court 
into  the  Guildhall,  which  waa  a  rooru  adjuiaing 
to  that  where  this  matter  happened,  and  ue  sat 
a  while  upon  the  bench,  and  made  a  JitLla 
speech  to  tlie  burgesses  of  the  town,  and  told  ' 
Cbf m  the  king^  had  panted  a  new  charter,  and 
if  they  pleased  to  t>c  «ilent,  they  sljould  bear  if 
read.  This  was  after  I  wag  sworn ;  for  as  soon 
a»  I  *^me  there,  tbey  gave  me  my  oatb^  cmd 
Rwore  me  mayor  by  the  new  charter.  We 
commanded  silence  there  aeveral  times,  but 
the  burtreases  were  very  tumultuous  and  it 
was  occasioned,  as  I  belie  re,  my  lord,  by  the 
comiiij;  in  of  two  getitlemen,  Mr.  Gregfory  and 
Mr.  Hutch iosoOt  who  came  to  tsril  me,  the  g«n» 
tlemen  in  the  other  room  had  elected  Mr, 
Greafes  mayor,  and  desired  me  to  come  and 
hear  him  sworn.  Said  I,  they  cannot  elect 
without  my  consent,  and  I  disclaim  jt,  I  will 
bare  nothing  to  do  tn  the  btisiness.  With  that 
tl)e  Inirgenea  begmn  to  be  lo  extraordinary  tn- 
multumit  and  outrAgeons,  and  keep  such  a 
noise  and  a  stir,  that  we  were  airaid  tbey  would 
have  uliickeil  us  off  the  beocb  i  insomuch,  as 
one  that  wis  by,  my  brother  Parker,  whis)tered 
me  in  the  ear,  says  he,  will  you  stay  here  to 
l>e  knocked  on  the  head  ?  I  told  bim,  I  hoped 
there  was  no  danger  ot  tt^t.  We  commanded 
*tileijce  a^n  and  aifaiu,  fur  the  rcadmg  of  the 
new  charter ;  and  there  was  an  honest  gentle- 
man in  court,  one  Mr.  Bawd,  a  barrister  at 
law,  that  took  it  and  read  it  very  distinctly  to 
the  buixesseB  and  the  Cf*m^>any,  as  far  as  they 
would  gi?e  him  leare.  I  made  proclumatton 
fbr  sileDce,  and  keeping  the  [>eacL*  divers  times, 
and  for  all,  that  had  no  business  there,  to  de- 
part ;  but  they  were  §0  outrageous,  tliat  alder- 
man Parker  went  away  ;  he  was  afraid  of  his 
life,  as  he  told  me.  1  staid  60rac  little  time 
ailer  alderctiaii  Parkt-r  went  away  *,  but  tin  ding 
tliare  wis  nothing  to  be  done  for  the  doik*,  I 
a^jottroed  the  court  to  my  aim  btmie,  and  did 


4i*»  mam  i  sre  ibuA  ktcp  lo  ^e  bii^olness 

iMiHiieHoc. 

.  ^Mtj^km,    My  brd,  we  ere  in  a  place 

vtov  Wir  h0ftt  such  lldtigs  will  not  be, 

9M:mA»emnf  io  lm%r  right  iwtled  by  taw. 

Mmmdzr     £i««rar  Mr.  Wild.     [Which  wa^ 
ian^j    IVay    giire  my  lord  and  lUe  jury  an 
ivltfl  bapfiMiid  at  Nottiiigbam  upon 
'my«  imt.    TcU  the  whole  mat- 

Tdd.   My  Ifwd,  and  \  ou  gentfemen  of  the 
I  was  then  mayor  whrn  thi<i  business 
«li«ii  tbc  single  new  charter  came 
mti  «4  It  cdun^  to  my  liandg,   [  went 
tttCfaeie^i    '  :1h  kinif  to  be  sworn 

}  might  be  capalile 
Lueir  ruoins  that  were 
'  nme  tiiere,  I  desired  al- 
ftlBift  l^rU.;  .»^  lUppon  10  gn  for  alderman 
Hit,  mhm  m^m  st  tlie  elMircb,  that  we  mi^ht 
%ap«i«  p^^nlaHs.  he  beinj  town -clerk,  who 
eSttc^erd   lb  i  ;  but  in 

mm  \a6m  tiois  ^...  ..-;'.^  .-.,.ir,  with  a 
fpm  ^Mft'  fisJHiua  With  bim,  as  Mr.  Sache- 
•>vi^  wk  »  f»««l  many  mkmm  that  had  no 


FtmyBuoeitiiiaDyef  them  as 


_WM    Mr.  Haai«Ttren,    Mr.  Hutchinson, 
Mr.  G«D,  GrMMfy^  Mr*  Green, 
db^  Tb»inas  PMyiie. 
Paliu/t.    He  m  not  oiStied  here. 
r4^.   Urn  QOt  dittwft  binv  |iray  Itt  hjm 


We  ^nhr  teke   notice    he 
m  ootibwii  in  the  infor* 


CiMMCyottke^Miteiiled,  what  if 
M  mm  mm^  astiefii  that  •!«  not  there,  what 

^  TlM9t««tviieyenl  oUierm,  but  these 
flit  Mooff  la  the  town,  nor  had 
e  g  a^meiif  ibisin  were  no  bur- 
'  llMt  WW  WiyjKJ  had  no 
Wf  mm  sees  ta  these  gentlemen 
,  I  leas  a  little  anjazed  to  set! 
I  took  the  kingV  new 
^tt«  r«c  df  Ihe  bMc,  and  alderman  Rippon 
««  a  b;^  m^  aide  and  I  by  the  other.  Gen- 
ial^ saM  I^  bave  ia  the  Icing's  new  charter, 
i^db  W  kaa  hmm  plsaaeil  to  srant  to  the  town 
dlfllqgtem ;  aod,  said  I,  Mr.  ^(erjea^t  Big- 
W.  wiftywo  Ik  plcaaed  to  cast  your  eye  upon 
^  mimtimfy  iImt raitlemeu  whether  it  be  a 
~^  Avttr,  mad  wim.  are  t!»e  cnoteuts  of  it  ? 
\  ngpi  W,  49  warn  ask  my  opinton  &a  recoi-der, 
aaaair  Says  I,  1  »«k  your  opiuion  as 
'l^iea  and  h'-  f  ^-ll  not  ^ve  you 
Ttianaai  '  llerman  Edge, 

;  Q|«»ii  U,     '■>■    ^'    '  ytjtn  opinion, 
imje  m  r^smtk  It  as  town-derk,     Btr, 
I  tamw    what  1  was  by  the   old 
lag  t  da  oat  knamt  irbat  I  am  by  the 
l«il  isynor  datvaa  to  do.    No, 
(  w41  not;  an.  myWtl,  Httd  geivtle- 
I  the  jimrj.  Ilia  rwA  'of  the  jieonle  that 
lteiaa»,  oM  o«l.  No  New Charia  * 


43]        STATE  TRIALS.  3ii  Charles  II,  i684^7Hd/  qf  JVnu  5tfc»fwre//, 


\  the  rest  of  the  basinets  iLere,  electing'  and 

tweariiif^  the  loajor  and  utber  ttfBcers.    My 

lord,  piicscntly  after  I  wbm  come  lo  my  ovi'o 

buusot  ntmes  Mr,  Cbarles  Hutciiiiifio»,  Mr. 

Geori^c  tjje^ory,  Mr.  Samuel  Ricbai-dt^^  aud 

Mr.  VLiliur  Hh  cards  j  aud  tlii^y  catne  vtry  im- 

udeoily  add  naucdy   to  deiuiiud  tb»   mace. 

thvy  sai  i  ih»*y  were  sent  to  demand  ttie  muce. 

^  8&id  If  1  tliii^k  you  Lave  nothing;  to  do  mth  it. 

L.C  J,     Were  they  c<^Qcet'ited  in  the  elec* 

[jki>\k  liy  tlie  o\A  cbafterf 

Wild*  No,  my  lord,  they  were  not  by  the 
ifiild  Qor  new,  Dur  noDe  ai  all*  Siiid  they,  wili 
you  (ilea^ie  lo  g-ive  ub  your  answer,  whether 
jfou  will  j^ive  us  tiie  vosx:^  or  dm  ?  Said  1,  1  re- 
crivad  il  from  a  very  good  authority  i  1  re- 
Beit  i:d  it  bv  the  king V  authority ,  t^ud  to  the 
kuktr's  vutKority  1  will  g'lve  u  a^aia.  Said 
[tilht'y,  ]s  I  bat  ull  the  answer  you  will  give  u»? 
ifej,  said  1^  that  xn  my  a««wer  :  so  tl»ty  went 
away.  Atker  we  bad  sworn  all  the  men  thai 
i{e  in  till;:  new  ebaiier,  we  went  to  the  etec- 
n' of  a  new  mayor,  and  we  cho^  Mr,  Toj>* 
int'r  *  w lien  we  bad  chose  bim^   we  went 

I  I  Mum,  iih  the  usual  manner  was,  and 

|i,„,...i..,.  d  htm  at  the  market-cro&s,  the  ^eck 
ay -cross,  as  we  cull  it ;  and  aa  we  were  [iro- 
siaimi)!^  our  new  mayor,  there  cornea  Bberwtn 

rid  (jteiu,  with  a  g;reat  many  more,  abont  40 
beUevL%  or  thereabouts ;  and  a^  it  gr«w  to- 
Hrardf  mtfht,  they  nbonteil  and  threw  up  ilieu* 
Ekat^,  and  we  thouj^bt  they  would  have  run  in 
l|ion  ms^  and  they  cried  om.  No  New  C' barter ! 
!la  New  Charter !  A  Greavea  mayor!  A  Greavea 


Mr.  }iortk.    What  became  of  the  macef 

Wild.    1  kept  iU 

X.  C*  J<    ^V  h»t  t«  this  jLfentleman'ji  name  ? 

Mr*  Ni>rtk.  Mr,  \V  ild  ,  he  was  mayor  then. 
I'B&ve  you  no  tQ«  re  to  say,  8jr  i* 

JuE^t.  Withkui.  Fray^  who  wna  at  \\\a  head 
fall  this  rabbled  wtio  v^as  the  chiei  of  them  i* 

Wild.  1  beliefe  if  Mr.  8.icbeverell  hud  not 
\  ibei e,  and  those  other  gentlemen,  we  had 

J  no  ifiMurUaace. 

ill  '-'i.    Pmy,  Sir,  let  me  ask  you, 

'l^ad  I  '--men  their  sword!>  on  f 

HW.     \^^ 

Just.  Wuhtns,  Did  ihey  a.bet  and  couute- 
j  ti4acie  t))c  tumult  ? 

Wiidi,    Y^es,  they  did  abet  it. 

Mr.  ^forih.  I>id  any  b^j^Jy  jstrike  or  threaten  ? 

Wild.  There  are  iiome  tn  court  can  tell  you 
I  fometbuiff  ot  that,  I  know  nothing  of  it 

L*  C*  X  I  would  know  of  you  bow  many 
Larsons  were  oresent  at  this  lime  when  this 
^tumult  wa«.  Pray  name  as  many  oftbem  as 
you  can.  Vou  hare  named  Hacbevereil,  Gre- 
f^ory,  and  Hutehin«on  for  tlie  tir^t  part:  you 
1  DAve  named  aliuuL  the  bu^ine^  of  the  muce^ 
S4jtiucl  Uicbanlif  aiid  Arthur  IliccanU. 

Wild,  And  Mr.  Grtt-n  and  Mr.  Sherwio 
vere  there  at  the  market- crosa. 

LCJ.    Who  else? 

Mr.  t'o«t)ii,  Waa  Ml.  John  Greavea  there? 

M'UJ    Ye«. 

Mr.  PoiLU*   Was  WiUiom  Greaves  there  ? 


WiU,    Ye«. 

Mr  Fowis.    Wttii  Ralph  Eennet  there  f_^ 

Wt/d.    He  waft  there. 

Mr.  Fotnii*    Wa^  WilH.-im  WiVfOol 

Wild.    1  oan 

Wild.    Yet. 

L,  C  X    Wm  Thomaa  rrig  Ui«t*  ? 

HUd.    Yet. 

i..  C.  X    Was  Richard  Smitli  there  ? 

Wiid*    Yes,  he  was*  tliere  tfjo. 

L.C.J,   UajiJohn  Hoe  there  P—H-W.  Y«. 

I..  C.  J,    Was  \\  lUiam  l^nutii  there  t 

Wild,    Ye«. 

L.  C.  J.    Wa«  Joseph  Turpin  itiete? 

Wild,    He  was  in  the  hall  r  ip  | 

hat,  but  I  did  not  se^  him  in  th*  < 

L,  C,  J.    Did  he  abet  the  tuiuitii  f 

Wiid,  Ye&,  be  cried  out.  No  New  Ch 
No  New  Charter  I A  Greavi»  may  or  1 A  Ur 
mayor ! 

X.  C.  J.    Was  Nathaniel  Chmn»«U  thcref'  t 

Wild.    Yes. 

L.  C.X    WasHii-   ^       '-   '    -therel 

WUd,    I  can  «av  ' 

L.  C.  J.    Was  Jt>- 
WUd.    I  can  ia> 

L  C.  J.    Then  tU 
to;  Wilham  WiUon,  Humphry  Bark«r«  tn 
Joseph  A8thn. 

Mr.  ]^ofth  Pray,  Sir,  favour  me  tvith  omft 
word  ;  1  would  ask  you  ttus  qoeatioo :  Was 
there  any  proclautation  made  by  your  order  to 
have  iliiise  depart  that  had  no  bu^ness? 

Wild.    My   bra*   I  diil  order  il  •«[  Ukd  I 
think  the  nerjeant  is  in  eourt ;  I  f«tit  him  i 
the  other  room,  and  did  order  him  to  i 
proclamatioQ  i  he  will  give  you  an  AC4»uq1  of 
that. 

lietordfr,  H«»w  came  it  about  they  were  gal 
to  church   before  you  cMine  fioui    v^ut   ♦»;5ti 
house?  Pray  tell  us  what  you 
fore  they  went  to  church.     W*  ,        i 

thi'iu  Utwre  (hat  at  your  house  U>ai  uio 
auil  what  dtd  you  say  to  them  !* 

Wild.  Ma)  it  ple&i»e  your  lordshit),  my  lo 
and  gynttenu'n  of  the  jury,  the  nevr  ch 
was  not  come  till  s*i  i 
they  hud  been  at  my 
0*crrH'k,  io  Un'      ■ 
and  ihey  wev' 
suailed  them  \" 
a  new*  charter 
my  frit nds,  ai.     . 

the  rest  to  iitay.    1  did  persuade  iheui  Ih  niiiy  j 
great  while,  and  went  out  fn»ii  them,  mff  run 
to  them  ai^'ain.     At  taf^  news  wa»  bv 
that  tlie  new  charter  was  within  tlj< 
the  town  (lor  we  had  a  (»))y  at  the  tup  of 
bon&ea)  and  that  hall  a  sc<»re  were  come  \ 
it  $  so  I  went  to  atdemiim  \LtV^ 
DOW   the  new    chftiter  waji  i 
bounds  of  the  town.     Wheti  tut  , 
say  so,  they  cried,  Away  *  Awsy  !   I 
church  ;  aud  thc-y  *«id  Mr.  Sacheitj 
the  street,  and  so  they  tbliowecl  bim  to  chu 
Away  they  wtol  frotn  my  boune .  but  a  hH 


tkmtt^  ot  them  i 
to  them  to  persu 


STATE  TRIALS,  36  Charles  II.  \6M.^and  others,  Jhr  a  Riot.  [46 

Juft.  XVithens.  Is  it  usual  that  the  multitude 
should  make  the  mayor  go  to  church  betbre  he 
has  a  mind  to  it  ? 

Mr.  Lovcli.  Did  you  make  any  summons 
at  all  for  that  inccMiug? 

Wild,    I  sent  no  summons. 

Mr.  PvUexfen.  It  is  all  laid  in  your  infor- 
matkm,  that  the  assembly  was  summoned  bv 
.vou. 

Wild,  All  that  I  ever  sent  for,  as  I  know, 
was  Mr.  Scrj.  Bij^rhmd.  There  were  two  or  three 
^entliMiicn  at  my  li»usv  thiit  uskrd  nie  to  send 
for  him,  ho  havinsjf  b«'on  Itix^Mirdcr  bv  the  old 
charter.  Said  1,  if  Mr.  Serjraiil  Hi^Iand  has  a 
mind  to  ctmie,  he  iiia\-  come  if  he  will ;  so  I 
sciit  tor  him ;  b«i  ihrre  were  none  of  those 
l^cntlemen  that  1  named  hcfurr,  that  I  sent  for. 

Mr.  Poilerfhi.  I  think  you  sav  that  you  went 
from  tlie  council- house,  and  allerwards  went 
into  the  haJ!,  and  there  you  were  snom,  and 
then  you  did  proceed  to  read  the  charter ;  pray, 
were  any  of  the  defendants,  or  which  of  them, 
in  the  hall  ? 

IViiiL  Sir,  I  told  you  that  Mr.  Gregory  and 
Mr.  Hutchinson  came  into  the  hall,  and  Mr. 
rharnell,  and  Mr.  Tuqiin  were  there  in  par- 
ticular. 

i\ I r.  Pi tffcrjrn .  \^  h.at  did  Mr.  G regory  and 
Mr.  Ifutchinson  do  there? 

Wiiii.  They  eauie,  Sir,  to  desire  me  to  go 
into  tile  council- house,  lor  the  o^entlemen  hud 
chosen  Greaves  ma^  ur,  and  desired  me  to  hear 
him  sworn. 

Mr.  Polfrxjen.  Was  Mr.  Sachcverell,  or  any 
there,  hut  those  that  vou  say  came  to  tell  you 
what  they  had  done  In  the  council-house  P 

Mr.  Hult.  Who  staid  Ix^hind  in  the  council- 
house.' 

II  i/d.    All  In  It  those  that  came  out  w  Iih  me 

Mr.  Jonts.  Prav,  to  satisfy  them,  tell  them 
how  far  the  couiiril- house  atid  the  hall  stand  at 
a  distance  :  how  far  asunder  iirr  they? 

IVUd.  But  just  over  the  diM>r  threshold  from 
one  atiuther. 

Mr.  Jrnrs.  \re  tlic\-  contitruous  to  one  ano- 
ther i»— »'////,  Yes,  Sir. 

■VIr.  Jt'nis.  Can  they  come  into  the  conncil- 
huHse,  but  liiey  must  ^u  throu<^h  the  h:il1? 

Wild.  No,  HO,  the}  n)ust  come  from  the 
hall  first,  unM  so  j^o  into  the  e^imcil-hou^e. 

Mr.  I*ulit  rf'nt.  \n\i  were  siH^akiiipf  of  some 
of  the  eompanv  that  had  swonfs  by  lli(  ir  sides. 

Wi/d.    Yt*s,  the  irciitK'nieu  had. 

Mr.  Sltinliopt:.    Did  you  r»bsfT\r  Mr.  Saclie- 


•T  went,  1  said  to  them,  Gentlemen, 
11  give  but  a  little  time,  the  charter 
ere  in  a  quarter  of  an  hour  or  less, 
pray  be  pleaaetl  to  stay  and  see  it  be- 
»»»,  for  1  tell  you  I  must  act  by  the 
«T,  and  not  by  the  (dd. 
'iikenM.  When  you  ordered  them  to 
claBiation  of  silence,  how  did  they 

They   were  as  tumultuous  as  ever 

MoKay.  If  you  have  any  thing"  more, 
rfull  knowledjje  of  it. 
My  lord,  I  did  jieri'eiie  a  s^reat  deal 
there  wiis  ;  I  knew  not  how  it  would 
I  Jay  t  ^''*  w-rrc  afraid  ot'lifing  knock- 
bead,  so  I  dispatched  a  messtMii^er  on 
to  inv  loni  duke  of  Newcastle,  that 
ilease  to  eonic  to  us  and  assist  us,  for 
we  were  in  a  preat  deal  of  dausjer. 
mme  to  us  on  Saturday  uig^ht,  and 
( till  we  i»erc  pretty  quiet  ai^ain. 
T.     W  bat  did  they  do  on  Saturday, 

lt«as  the  tlay  of  proclaiming  the 
iWe other  cross,  the  malt-ci-o.ss,  it  Le- 
the uiarki'i-day,  when  the  country 
Be  JO,  that  so  they  ma}'  be  satisfietl 
l^ofthc  t(»wn. 

i».    Did  tliry  proclaim  their  mayor 
MR/rf.  Y«'-s. 
Ur*  Ptay  speak  out,  and  tell  how 

Pray,  3Ir.  Mayor,  by  the 
r  of  your  corpora'tum,  is  the 
I  any  other  day  than  when  he 


Tfl^  the   no3it  day  at\er,  tf)  satisfy 
fejrvbo  are  mayor  and  slicrifl's  of  tlie 

L  Were  both  the  mayors  proclaimed 

•  Yes,  after  we  had  |)roclaime<i  our 
pNMDtl}  thci'<:r  raine  a  <^n-at  many 
•,aiMi  prorluiiued  their  msiyor. 
/.  Name  theiM  who  they  were  ? 
My  lord,  1  VI  as  not  so  near  tht-iu,  as 
Mieularly  who  they  w«:-r«* ;  hut  thry 
pibeir  bats,  and  luiide  a  i^^reat  noise  : 
»  CBoni^b  in  court  can  tell  i;t  ho  tla-^ 

nd7.  Pray,  Mr.  Mayor,  will  you  tell 
baM  authority  and  ilirection  this  a.s- 

wMiiea:'    ' 

litmfmm.  Sir,  he  asked  you  a  plain 
i^pmy  aiisivt-r  it;  by  whose  direction 
&BnUvcallett? 

FSr,  I  do  not  know ;  they  had  no 
|fa«Die. 

Ml.  la  it  nut  usual  to  mei't  of  c(Mirse, 
kMnaos,  ou  the  day  of  election  .'* 
vcr  tint  I  knew  of  without  sum- 

r  new  charter  not  ht-inj^  couu,  I 

iay  summons. 
Is  it  uot  usual  for  the  burf^csses 

tapSB  the  mayor  to  chund)  1* 

,  wie  that  ftre  summoned  i  hut 


vi.Tt'i]  ;ind  Mr.  Grejfory  had  their  svwjnls  by 
their  ."sides  .^  " 

Wild.  Yes,  to  the  best  of  my  knn\vh?dp^i' 
they  had. 

^it.  Stanhope,  To  the  JM.'St  of  you'  know- 
ledge ;  do  you  swrar  they  had  »u-  iio !' 

litcftrdti.  "^Voi.Id  you  have  him  .<;Mcar  be- 
yond his  knov.kd^e!' 

Mr.  Stnn/iupr.  lliid  Mr.  Plumptre  a  sword 
\^hr.u  hi-  cdiut'  fn>in  chiirrli  to  tht  hall  ? 

Wild.  I  sec  liiN  tiuM*  ninoii^-  the  rest,  but 
they  \*  err  so  many,  I  cannot  sjieak  particularly 
who  had  their  swonls  on,  and  who  not  ;  1  b<;- 
lievc  they  mit^ht  have  all  their  swords  ou. 


power  to  d«D«iid  it.  If  hm  bed  ftoy  ijy^hil 
lfi«re  WEM  m  ^roptr  plaoe  for  htm  to  a|i|4^  t 
it  wert  dcttinM  6«wi  iiiai* 

Mn  StanJtopf.    Mj  lord,  witli  wb 
uodeteUnd  no  such  f^«ai  saucmeiB  19  it,  1 
make  a  demand  of  an  entugn  of  olEce. 

L*  C  J,    But  I  say  it  was  iiaucy,  and  I  ( 
yoii  you  bad  be^u  saucy  if  you  bad  done  i 
far  every  man  that  meddles  out  of  his  |^ 
is  saucy :  you  may  carry  that  away  wtUi  1 
amonf^  y^iir  other  obeerratioDS,    Bw 
prickeared  fellow,  1  \i  ill  warrant  yottf  ] 
to  dispose  of  the  government.   Let  Mr,  i 
iuson  and  Mr.  Greg^uy  be  as  j 
wiU,  tbey  had  better  have  studied  to  bavi 
quiet,  and  meddltd  with  their  own 
And  I  win  tell  Mr.  Gregory  '  ad  co:? 
^  accedos  antoqutuu  vocena^'  is  a  rule» 
ought  to  be  observed  :  but  we  are  wouderfuJ 
ai'raid^  forsooth,  to  tell  our  minds :  no«  1 1 
you  it  waa  saucy,  and  if  you  bad  gooe 
tliat  errand,  you  had  been  vaiicy. 

Mr.  Siauhope^  It  may  be  1  abouM  Ha 
known  better  Uian  to  bate  gone  on  such  i 
errand. 

X,  C.  /.  So  you  would  have  done  well  to  i 
and  yuu  should  know  better  tbao  to  aak  1 
insignilicaut  impcilineut  questions  as  you  do. 
It  WHS  rety  saucy,  I  tell  you  ;  and  if  the  beat 
man  of  your  party  bad  gone,  it  had  been  aaucy. 
You  sliall  l.Liow  our  minds,  if  you  nut  us  upoct 
it^  because  )'0u  arc  so  bl^  of  it.     W«  i 


473        STATB  TRIALS,  36  CajitLKS  IT*  1 6$4.'-'Tnol  ^  ffm.  SbtlmmrM, 

L>  C.  J.  Pray,  Sir,  what  do  yoa  mcati  by 
ibat  question  ?  Plainptre  i^  nnt  Here  bsibre  ua, 

Mr.  Stanhope.    Ue  is  in  the  infonnation. 

X.C.J.  Youbadaagoodask  ifMr.  IVar- 
trea  was  there. 

Mr.  Stunhope.  My  lord,  he  said  be  was 
there,  and  bis  name  is  in  the  inform atiao. 

L.  C.  J.  Yoo  had  best  ask  ns,  whether  every 

mart  in  the  town  had  bis  sword  mi.     Let  us 

[   keep  tn  the  thing  befofi:  u^  and  not  aik  such 

h  impertinent  idle  qitemioosof  people  we  bare 

noihtn{2r  to  do  with. 

Mr,  Stanhope,  Is  3Ir.  Sacbererell  a  bnrgeas 
of  ill  e  town? 

Wild.  Yes,  he  was  a  burffeas  by  the  old 
charter  ;  but  though  he  was  a  ourgeas,  be  was 
not  one  of  the  fle<Jtors.  He  had  nothing  to  do 
tbere»  nor  Mr.  Gregory,  nor  Mr,  Plumptre. 

Mr,  t'uticr.    Who  are  the  electors? 

WtU.    The  electors  are  the  mayor,  alder- 
tni'o,  criioner«,  and  the  rest  of  the  '^uncil,  by 
'  both  charters,  and  so  he  had  nothing  to  do 
there* 

JuKt.  W'lfAtfna.  He  ^fas  not  concerned  in  the 
corporation,  but  ouly  a  gentleman  burgess. 

X.  C.  J.  How  long  Iiave  you  been  of  the 
counett  of  that  towni* 

Wild.  1  httie  been  there  o  great  wliifc,  a 
»  dozen  or  16  voare^' 

X.  C,J.  f lave  you  bf*en  prcaent  at  the  elec- 
tion ot  mr  e  that  tmiK  ^ 

Wild,    i  r 

X.  C  J    \V  '  '"^  persons  that  used  to 

conii^  10  dect  m  re  thut  lime? 

Uiid.  The  uim  riK^vor,  the  alcUrmcn,  the 
council,  the  coronerv,' and  (t^e  aberifla,  and 
those  thai  liav^  been  shcriflk 

X.  C.  J.  I>td  the  other  bnrgessca  nae  to 
CiimeT—Wiid,  No. 

X.  C.  J.  D*d  Mr,  Sapbcverell  and  Mr.  Gre- 
gory iiie  to  ap[ieajr  lor  the  election  of  mayors 
Eefure  that  tiine? 

Wildn  Mo,  my  lord,  they  had  no  bu^eas  ' 
there. 

Rewrder.    At  this  time  they  had,  it  seems. 

Wild,    They  made  il)em<;erfes  bunne^ 

Mr.  North.  Pray  swear  John  Malio.  [Wh'ch 
wusdone.] 

JSU.  i^tuHfiope.  Mr.  Wild,  praybepleaaedto 
tell  the  court  how  Mr.  Htttchinson  cxpresaed 
^  Ills  saucioe^s  lor  you  are  pleased  to  say,  he 
and  Mr,  Gregory  ^amt'  Kaucily  to  you  f 

Wild.  So  he  did,  fciir,  he  came  saucily  to 
t  demand  the  mace^  which  he  had  notfiiog  to  do 
[  wjibal. 

L.CJ.    IsMnHutcbinaonhere? 

HIt,  Stanhojte.    Yes,  be  i<:  did  he  demand 
It  hiniself,  |n  nyi  or  did  he  tell  yon  tlie  other 
,  &];ryor  demanded  it. 

Wild.    He  Lumc  to  demand  it. 

Mr.  Sinnhvpc,  Did  be  tell  you  from  whom 
he  cam*'  f 

Wild.   He  said  be  came  from  Mr.  Qreavea. 

Mr.  Stanhnpe:  Then  he  did  not  demand  it 
for  hunaeUi' 

X  C.  J.  And  if  Mr.  GrcaTes  had  demanded 
iti  be  bad  talked  naucily ;  lor  it  waa  not  in  bis 


to  3  fine  pass,  that  every  little  prickMiad&lloi^ 
must  crtnie  to  demand  maoes  ihit  are  the 
badi>^es  of  autborityp  and  they  miiat  net  b«  lutd, 
forsooth,  that  they  are  saucy. 

Mr.  North.  Fray,  Mr.  Malin,  will  TOU  gir* 
an  account  nhat  ^ou  know  of  this  matter  f 

Xn  C*  X  We  are  trying  people^s  rights  by 
club-ldw ;  but  by  grace  of  God  it  abaJltiot  be 
ao,  so  long  as  I  sit  here. 

Ma/in.    I  was  tlieu  KlveriflTat  that  tioie. 

X.  CX   What  time? 

Matin.  Tliti  time  of  the  riot,  on  Iktichsf?! 
day,     1  then  being  aherlif  went  out  to 
the  charter  that  was  «»ming  at  that  tin^, 
I  went  a <$  far  as  Leicester,  ami  came  back 
it  about  elef  en  o*c)ock,  on  neju-  as  1  can 
I  came  with  the  charter  on  the  one  aide 
that  brought  it»  and  another  that  is  ,_.  ,_^ 
with  ua  thatwc  left  tiebind,  on  the  other  sid( 
1  met  these  gttfitlemen  that  stand  in  thiai 
1  will  name  them  if  you  please. 

X.  C.X    Dow, 

M utw     Mr*  Serb evetel I ,  Mr.  Gregnnr< 
Hutehinson,  Mr.  John  Greaves,  Mr,  ^"^ 
Greater,    Hamuel    llichiinls,    Robert 
Fraacis  baluion.  Arthur  liiccardfl»  Rail 
net,  John  Hhernin,  Samuel  Smithj 
Trig,  WiUiom  8mith,  Joseph  AsHln,  and  Ni 
thaniel  Charnell ;  I  met  thefie  men. 

X.  C.  J    Where  did  you  meet  these  ti 

Matin.  At  the  ^te  called  Uye-8ni4th 
They  were  a-eoming  witli  a  great  many  m* 
and'l  suppose  they  went  before;  for  I  wi 
forward  to  Mr.  Mayor  by  the  new  cbivrter  m 
ly  the  old  charter  too,  and  I  piet  hiiu,  and  ~ 


TAIS  9ItMLS,'36€HARi/£8  II.  1664.— tfmf  others J^r  a  Riei..        (50 


larter  to  bun,  and  staid*  there,  and 
e  gentlemen  that  were  concernetl 

by  the  king's  uew  charter,  and 
m  theooe  to  the  Guildhall,  and 
fe  ireDt  into  the  council- bousp, 
i  were  in  the  council- house,  Mr. 
r  Mr.  Bdse,  as  town-clerk.  Tiiey 
len  to  churdi ;  I  was  one  that 
■8  eoncemed  in  the  new  charter, 
nan  mud  town -clerk.  1  went  for 
o  see  the  charter  read,  and  that 
e  them  sit  in  order,  in  that  man- 
BS  thej  had  used  to  do  before  in 
Ttmdy  to  go  to  the  election  in  the 
e  wa V  it  used  to  be  in,  by  the  old 
hmre  been  concerned  in  elections 
y  sijc  or  seven  years ;  but  f  never 
neineik  in  all  that  time  appear 
*  nsed  to  be  noiu;  but  the  uiayor, 

nnd  the  clothing.  Tliere  were 
gentleinen,  as  ever  I  saw,  and  I 
rearm  standing,  six  I  am  sure,  I 
,  but  only  one  gentleman  once, 
gentleman  that  alderman  Edge 
lee  the  formality,  a  gentleman 
rks*  Office,  as  1  remember.  This 
■oquainted  Mr.  Alderman  Edgt 
d,  but  lie  did  not  come  to  us'; 

after  we  had  sat  there  in  the 


,  ■««>«  gentlemen  came  with  a 
t  know  not  how  numv  hundred 
pi  when  they  saw  the  mayor 
mA  the  new  charter,  these  gcu- 
!.|D  Stir  ;  and  when  they  came  in, 
Hiee  such  a  bustle  of  those  that 
Ijio  there:  and  the  first  thing 
'  was  spoke  by  Mr.  SacheTerell, 
dMT,  for  1  saw  hitn  there ;  Wc 
dect  a  mayor  by  the  old  charter. 
^0r  then  to  them,  I  know  no  biisi- 
i  here  gcnth'uien,  any  at'  3'ou ; 
i  he  made  proclaniatioii,  and  told 
id  nothing  to  do  there,  au'l  he 
idung  to  ilo  witii  them.  So  then 
t  for  a  poll,  and  did  proceed  on 
'party  went,  and  one  or  two  of 
K  concerned  in  the  new  cliartcr, 
any  of  their  party.  There  was 
Mr.  Hardy,  that  gave  a  vote  for 
d  this  was  all.  Hut  they  would 
;  all ;  but  Mr;  Mayor  told  them 
winess  there,  and  ite  had  notliing 
b:  and  with  that  he  took  up  the 
■t  with  some  of  the  aldermen  into 
^nd  when  they  kuw  him  goint^ 
1^  to  cry  out,  and  he  had  iiuioh- 
itbey  were  so  busy  to  kt-oji  him 
4  as  they  laid  their  liai.ils  uiM>n 
lap  It,  tlie  serjt-aiit  got  uway  w  ith 
M  with  tlie  mayor.  7'luu  s.-iys 
■y.  Stop  the  hooki'.  ^tf'p  i\w 
Jj^M  several  tlme^.  \Vith  that 
la^af  the  C'jroriiik.  Mv.  Wool- 
||jiBaneoftht-b(>oks}  and  whethir 
p:;Pnlliof  or  tugging,  I  cannot 
of  the  books  were 


Mr.  Powis.  Then  what  was  done  as  to  the 
mace  that  belonged  to  you  as  sheriff? 

Malin.  I  was  crouded  out,  and  I  could  not 
lay  hands  on  m  v  mace ;  but  the  mace  lay  upon 
the  board,  and  was  left  there  among  them't 
and  I  was  cronded  out^  and  followed  Mr. 
Mayor,  for  there  was  no  quietness  there,  un- 
less you  would  stay  to  be  knocked  on  the  head. 

Mr.  Poaris,    What  became  of  the  mace  ? 

Malin.  I  sent  the  serjcant  for  it,  and  ha 
told  roe  he  demanded  it,  and  they  would  not 
let  him  have  it. 

L.  C.  J.  But  speak  your  own  knowledge, 
not  what  anotlicr  told  you. 

Malin,  I  came  in  at^nvards  there ;  when 
he  told  me  he  had  licen  there,  and  laid  his  hand 
upon  it,  and  they  rescued  it  from  him,  and  he 
could  not  hare  it,  I  went  in  myself,  and  de- 
manded the  mace  of  t!ie  gentlemen,  lliere 
was  31r.  Salmon,  Mr.  Ilichanis,  Mr.  Artliur 
UiccaiHl:j ;  there  were  four  of  them  tliat  told 
me  they  had  as  much  right  to  the  mace  as  1 
had.  Gentlemen,  says  I,  that  is  stnuige,  I  am 
by  your  charter  shcnd*  still,  there  is  no  body 
elected  in  my  room,  and  our  usual  way  is  to 
deliver  our  maces,  you  know,  in  another  plaoei 
and  not  to  rescue  them  away,  and  detam  them 
by  violence.  Likewise  the  mace  was  a  thing 
that  I  paid  for ;  I  was  so  mmdi  money  out  of 
l>ocket  upon  it ;  for  that  is  our  usual  irny,  it 
being  bought  lately,  every  sheriff  lays  down 
such  a  sum,  and  loses  10s.  by  it  at  the  year's 
end.  I  told  tliem  then,  too,  t  was  sheriff  by 
the  king's  new  grant,  and  therefore  tlie  mace 
belong^  to  me. 

]\Ir.  Powis.  'SVhst  is  that  Arthur  Hiccarda  ? 

Malin,   An  attorney  at  law. 

Mr.  Powis^  He  is  none  of  the  aldcnnen,  is 
he? — Malin.    No,  no. 

IVIr.  PoRis.     W  hat  is  Salmon  ? 

Malin.  Uc  is  a  feltmongcr,  or  a  glover ; 
he  makes  gloves. 

31  r.  Puuis:  What  had  he  to  do  there?  was 
he  one  of  the  aldermen  P 

Malin .  Ue  was  one  of  the  old  council.  And 
there  was  one  Bennet  too. 

3Ir.  Pouts.    What  is  Hiihards? 

Maim.  He  is  a  boukbiiidir.  He  was  on? 
of  the  old  Council.     Ho  ^us  coroner. 

]\Ir.  PozL'is.    What  did  you  say  of  Bennet? 

Malin.  lialph  Bennet  was  one  that  told  mt 
he  had  :is  much  right  to  the  inaec  as  1. 

Recorder.  ^Vcll,  go  on  to  what  was  done 
the  next  day,  the  market-da} ,  H;iturd.iy. 

Malin.  I  cannot  say  much  to  that ;  for  I 
was  with  Mr.  Mayor  making  proclaniatidn  ut 
tlioio  thut  ^vore  by  the  new  charier,  bin  1  iliJ 
not  see  thcin  juoclaim  any  thing. 

Htiurdi  r.  Was  you  by  when  pniclan^ation 
wu.s  made? 

Malin.  I  Was  by  wIk'u  wc  were  all  pro- 
t'laiuu'd,  but  not  wlicn  thry  A\ero ;  l>ut  then 

L.  C.  J.  Hnither.  let'bim  go  on  U*  tell  us 
what  happeneil  on  the  Friday. 

Malin.  Then  Mr.  Aldfrnian  Wild,  who  was 
the  mayor,  when  lie  came  out  themv.  went 
into  the^Guildhull,  wher«  then  were  abund^M 


SI]       STATE  TRIALS,  36  Charlks  II.  \6M.^Ttial  of  Wm.  SacUterett, 


of  hurgettes  j^atbered  togvCher  ;  aild  Beetngf 
them  80  unauiet,  he  was  tatmfyinff  thMi  at  iar 
"tt  be  coulii ;  says  he,  if  yon  Will  hear,  you 
sfiall  have  the  charter  reacf,  either  in-  English, 
erasitisinliitin,  anif  then  you  ^ilt  see  that 
none  of  your  privil^es  are  dimhiished  from 
you,  but  increasefl  rather :  and  he  was  about 
to  read  it,  and  shewed  the  broad  seal  to  them  ; 
when  in  comes  !flr.  Hutchinson  and  Mr.  Gre- 
Ijtiry^  td  desire,  or  request,  or  command,  or 
'^nmething-,  Mr.  Ma^'or  to  come  into  tlic  coun- 
cil-hnn^e  ;  I  bey  told  him  they  had  chosen 
Greaves  mayor,  and  he  ^vns  to  come  to  hear 
him  sworn.  With  that  the  bnrg^esses  that  had 
been  quieted  before,  and  was  so  civil  as  to 
hearken,  and  were   about  to  hear  the  new 


question,  I  can  tell  yon  the  resolution  and  opi< 
nion  of  all  the  judges  about  that  case.  Tbfrt 
is  Taw  for  recovering  everv  man's  ri^ht,  but 
club-law  is  not  the  way  to  determine  ni^it. 

Recorder.  Swear  Mr.  Rippon.  [Which  wa 
done.] 

L,  C.  J.  You^lcnow  what  liccame  of  mnM 
of  those  apprentices,  Mr.  Holt. 

Mr.  Jennings,  Mr.  Kippon,  pray  will  yoi 
tell  the  court  whaf  you  know  of  tiiis  riot  M 
Nottingham  ?  ' 

Rippon.  Upon  Michachnas-day,  lG82,abod 
eleven  o*clock,  the  charter  came  to  town;  1 
was  then  with  Mr.  Mayor,  Mr.  Wild,  M  Wi 
went  straight  axvay  to  the  hall  furtbwithi  nli 
desired  that  he  would  be  sworn  byMt 


we 
charter  read,  flung*  up  tlieir  hats,  and  crie«l  j  Beverly  that  was  steward.    No,  says  M^-j 
out.  No  new  Charter !  A  Greaves  mayor!  A    have  no  mind  to  it,  till  Mr.  £dge,  that  wi 


(■reaves  mayor !  Then  alderman  Parker  durst 
nut  stay  any  Ioniser ;  says  he,  f  will  not  stay 
to  be  Ibiocked  oh  the  head.  Then  every  one 
\vzM  fVighted,  and  tli«  mayor  took  np  the  mace 
and  ran  away. 

Recorder.  How  many  might  there  be  In 
the  hall? 

Malin.    I  believe  three  or  foor  hundred. 

■R^torder.  Did  they  restore  the  mace  to 
you? 

-  MMln*  Tliey  came  tbe  next  day,  and  would 
have  tendered' me  money  for  the  mace. 

Recorder.   What  did  you  say  to  them  T 
"     Maiin,    t  tokf  them,  i  knew  no  right  they 
hatF  to  tbe  mace,  and  I  would  take  no  money 
for  it.     It  was  one  Ray  ncr  that  came  and  ten- 
dcn'<l  mc  money  tor  it. 

Just.  Holluuay.  Pray,  8ir,  let  mc  ask  yon, 
in-the  electing  Ot  ^our  sheriffs,  do  the  lihcrifls 
return  the  mace  ;  or  can  any  body  require  the 
mace  betbre  the  gaol  is  turned  over  ? 

Mafin,  Yes,  my  lord,  the  gaol  may  not  be 
turned  mer  in  a  month ;  but  the  ensigns  of  au- 
thority are  dcltvere<l  to  tlusm  presently  after 
thov  are  swofh. 

Mr.  Jluif-.    Pray,  Mr.  Malin,  do  you  kn«)w 
which  of  these  defendants  were  there  at  that 
"thne  when' there  was  tossing  and  throwing  up 
of  their  caps,  as  you  say  ? 

Mat  in.  A  gr<«at  many  of  them  w<»rp  in  the 
cciuncil  house;  they  had  taken  that  room  to 
themselves,  -and  thrust  us  out,  and 


town*clerk,  came  to  do  it  according  %kt  li 
office ;  so' he  desired  mc  and  alderman  PlnM 
to  go  to  the  church  to  desire  him  to  conne  i 
do  his  office.  We  did  so,  and  spake  to  I 
Edge :  ^»avs  he,  if  they  will  please  to  Cf 
hither,  well  and  gi^ucl,  T  shall  nut  concern  m^ 
self  any  furtlicr.  Then ,  said  we,  will  y  mi  gm 
usthe  books  that  concern  us;  they  arelMi 
8ai«l  he,  what  would  you  have  more?  Nif 
said  I,  I  am  satisfied  ;  si>  we  came  away,  m 
soon  as  we  came  back  to  the  hall,  we  told  hkl 
the  message  that  Mr.  Eilge  had  sent ;  M  Ift 
Wymondsell  tilat  was  deputy  recorder,  ^IM 
rcailing  the  charter.  SSays  Mr.  Mayor,  if  y/m 
please,  i  will  be  sworn,  and  proceed  ttieleetMHi 
Presently  comes  a  great  compsiiy,  Mr.  *" 
vercll,  Mr.  Hutchinson,  and  a  great  i 
you  please  to  give  me  leave  to  lo<ik  apdn  ■; 
|Niper  I  can  tcU  you  ;  there  was  Wm.  SMli 
verell,  esq.  George  Gregory,  esq.  CkflA 
Hutchinson,  esq.  John  Greaves,  gent.  Wfliiti 
Greaves,  gent.  Samuel  Richards,  gent.  RoM 
Green,  gent.  Fraticis  Salmon,  gent.  Ai^ 
Uiccard*),  gent.  Ralph  Rennet,  gent.  Jah 
Shervin,  gent.  Wm.  Wilson  ;  I  do  not  kiMJ 
I  must  beg  your  ]mrdou,  I  cannot  speak  pn 
(icniarly  to  him  ;  Samuel  SSmitli,  Thus.  Tn|M 
Richard'  8mhh,  John  Hoe,  William  9am 
Joseph  Turpin,  gent.  Nath.  Chaniell :  I  cill 
not  say  anything  of  JIuinphry  Barker,  bl 
.  there  was  Joseph  Astlin,  tayUir.  lliese  ^ 
demon  cnme  ni  with  swords  by  their  wdtk 


raidfltfv 
Ir.RM 

"sia^ 

\  saiflOTl 
fn?  8MI 
nbv«i 


non«  of j 
thrni  ranie  into  the  hall  hiU  Mr.  Hiitchinsnn  i  Kcvcral  cf  them  really  to  the  terriiyin^  of  tlM| 
and   5Tr.  Gregory ;   and  the  burgesses  wen*  i  that  w«»rr  ihrrr ;  I  was  very  much  alraid  "^ 
very  quiet  till'thoy  came  and  domaiulcil  .^Ir.    srlf.    So  .Mr.  Mayor  looked  npon  Mr.  T 
Wild  to  cnme  and  hear  their  ma3-or  sworn.  '  '       .-     *..         .  *?  •__    —mi 

Mr.  //cl/^    How  long  did  Mr.  Gregory  and 
Mr.  Hutchinson  stay  in  the  hall  .^ 

?%To.Hn'.    I  do  notlcnow ;  they  staid  so  lon.- 
as  to  demand  the  mayor  to  come. 

Mr.  lloH»  Did  they  carry  thcuisrlves  pmri»- 
^l»l  V  and  civilly  wliile  they  were  there  ?  j 

i..  C.  J.  W  hat  had  they  to  do  there  ?  I  ask  j 
jfitr-tSnt,  Mr.  Holt;  and  ii»  case  you  have  a 
\uvu\  iv)  have  some  qtirstior.s  asked  and  an- 
swiTCil,  I  will  |Hit  you  in  mind  of  a  case  of  a 
part'f'l  of  a|ipreiitices  in  l^cmdon,  that  were  rod 
toiji'ther  about  nulling  down  some  houses  in  I 
"M^JHields  r  cinvin  case  you  n<!:k  mc  another 


and,  says  he,  Mr.  Alderman  K<lge,  will 
tnki  tin*  cliartor,  and  n»ad  it,  for  the  sati 
fi'»n  i>f  yourself  and  thefse  gentlemen?  I 
Xr.  Kiige,  I  do  not  know  what  1  am  by 
rlmrtrr,  wheihcr  I  am  any  thing  or  Ml; 
know  what  I  am  by  the  old  charter.  Sll^ 
>Ir.  Sachever«=n,  that  is  not  our  hnsinem^ 

1  prr*i  nr,  wo  ronio  to  tKnrt  a  mayor  by  the 
ch;.r:rr;  and  verj*  hot  they  were,  and  Cta 
om  Toelection,  To  eU»ctio!i,  Sahnon  audit* 
frli<n\3 ;  so  tliat  Mr.  Mayor  could  not  be  hr 

[  and  to  election  they  went;  and  I  asked 
Wild,  who  was  then  mayor,  who  he  was 
S  ly ;  he,  I  do  not  uu'lcrstand  by  what  mi 


STATE  TRIALS,  36 CHAftLBS  II.  xS^.-^and  oihenjcr  a  Riot. 


[S4 


■wttftbeic  gentlemen  come  here:  tbejr 
[dudeil  by  die  old  charter,  and  J  think  it 
hMter  Hmr  you  to  be  elsewhere :  tlicy  then 
who  be  was  for  ?  Says  he,  1  ani  for  none : 
bcT  asked  aldemuoi  Parker,  and  he  said 
■e ;  and  when  we  tee  they  would  have  do- 
tee  but  that,  we  witlidrew  into  tho  hall, 
dl  upon  swearins  tbe.dfiiyor.  >Ve  swore 
■d  just  fiottbed  Uie  oath,  and  the  people 
rcry  silent,  aod  be  drew  out  the  cliarter, 
Mwed  the  broad-seal,  and  sold,  Here  is 

7f 's  new  charter,  1  aia  very  confident 
jour  immunities  and  your  |irivUcges 
i«  AetirivcMl  of:  and  there  bein^  some 
Mir,  said  I,  pray  be  quiet  and  silent, 
jan  bcaar  it  read  ;  at  last  they  were  very 
sad  qnieC,  and  we  thought  it  would  have 
» very  lair  business ;  when  in  comes  Mr. 
I  and  Mr.  Gregory,  to  tell  Air. 
I  tliey  desired  Ids  company,  as  the 
IS,  to  be  at  the  swearinp^  o1^  Mr. 
Mg  nay ur,  for  so  the  old  mayor  oiij^lit  to 
dse  be  is  no  mayor,  unless  ho  be  sworn 
ipneedio^  mayor.  Says  he,  I  have  no- 
li say  to  iiim,  1  know  no  mayor  tiiat  he 
Kara  about  our  own  business,  obeviiij|>f 
m^%  authority  and  his  charter,  'fhis 
•jnoner  said,  but  they  had  animated  the 
Mieaf  people  that  were  there,  that  they 
|l|lbeir  hats  in  a  very  irreverent  uusturc, 
\.^mm  saw  tbe  like,  shouting^  and  cryiaj;^ 
Jb  MS  Charter!  A  Greaves  mayor!  I 
in  Is  secure  the  charter ;  and  a  larreu- 
Mtfent  that  I  had  on,  was  all  rubbeil  to 

Kma  the  charter,  and  I  had  muoh*ailo 
L  Mv  brother  Parker  he  was  so  afraid, 
(Mr liie bench ;  Prithee,  said  I,  stay; 
PfeUf  tliey  dare  not  do  these  thinirs; 
ti^  I  am  afraid  of  my  life,  and  fare  you 
»  Mr.  Mayor  biid  I'sat  a- while,  tor  we 
ristwbicU'  way  to  take,  but  at  ia«a  we  got 
ribvBs^  tlictu  :  but  if  i  touched  ground, 
41  Bu^ht  ii«:%-er  seezny  wile  again. 
CL  y.  Now  n  licther  that  be  a  curse  that 
byert  upon  thyself  or  no,  I  cannot  tell. 
ff9m.  Had  you  been  tliere,  Sir,  }  ou  would 
btca  afraid  "too. 

Mivdtr.  Pray  speak  that  ugai'i. 
fipsa.  I  say  again,  when  1  went  away 
I  with  31  r.  Mayor,  I  did  not  touch  tlie 
li  fcr  c-ijifht  or*nine  yards  togethtT  *,  fur 
vaa'd  not  make  way,  and  tliey  pulleil 
f  te  ipown,  several  of  tlM-m  ;  and  if  any 
sAs  bad  been  there,  he  would  have  been 

bfiavii.    How  long  ilid  they  continue  the 

biM.  So,  Sir,  we  got  straight  away  to 

HiiSt  bouse,  thai  was  then  mayor,  and 

HlRmr  him  accordiogly  as  ilie  usual  way 

t^  the  charter  iui|iowGred  us,  as  31  r. 

isstt  tokl  ua,  that  we  niiglit  tlect  any 

4i  we  fell  to  tlie  businei^  of  the  duy, 

■lline  we  had  three  partfei  <loue,  tlicy 

%  aad  prodainied  their  mii^or:  but 

i^espt  and  send  Mr.  Hutchinson,  nnd 

|Hjrv  MtfiMici  lUcbwds,  and  .Vtthur 


Riccards,  to  demand  the  great  mace  for  Mr. 
Greaves,  as  be  was  mayor :  Said  Mr.  ^Vikl, 
whatHhalll  do?  Wliy,j«ud  I,  go  douuaitf^ 
give  th^m  their  auawer ;  tell  them  they  are 
saucy  fellows  to  do  any  such  thing :  Says  bo, 
they  are  gentlemen ;  why  then,  said  1.  tcJi 
thcin  they  might  know  lietter  tlian  to  uo  so. 
So  he  went  down  and  told  them ;  said  he,  I 
received  it  by  good  authority,  and  will  never 
part  with  it,  but  to  as  good  an  authority  as. I 
received  it.  8o  we  staid,  and  went  on  and  did  tlie 
business  of  the  day  ;  and  afterwards,  between 
Hve  and  six  o'clock,  we  went  to  tbe  cross, 
anil  ihere  proclaimeil  the  mayor  by  the  nen^ 
charter,  according  to  the  custpin^  9iul  xetuiiied 
e\ery  one  to  our  own  houses.  The  uejLt  day 
we  were  atraid  of  making  a  disturbance ;  hut 
about  nine  o'clock  we  went  and  proclaipied  the 
mayor,  and  about  eleven  there  cfiine  all  th'eso 
gentlemen,  and  there  they  proclaiiiicd'.SIr. 
Greaves  mayor,  which  was  upon  the  Ha^unfay , 
accompanied  by  uU  these  persons,  as  bear  as  I 
can  say. 

Mr.'Porif.  Was  Mr.  Sacheverell  there  then  ? 

lUppon,    Yes- 

Mr.  PtfWM.    Were  all  the  rest  there  ? 

liifipou.  To  tlie  bestof  my  knowledge  they 
were. 

3rr.  UolL  Can  von  say  Mr.  SadieveMO  was 
ihcreY^^.liippnn.  Vea,l[ewa^. 

Mr.lIoU,    Who  was  there? 

liippon.  Tliere  wa»  tlw  two  Greaves^  and 
Green,  and  Uichard;:,  ami  Bennet.. 

31  r.  Uoli,   l>id  yoM  see  tbeui  there  ? 

Rippou.    Yes,  fdid, 

Recorder.  HioiMHi,  pray  will  you  recollect 
yourself,  and  ten  the  court  who  was  there  on 
the  Saturday  i* 

Ripfou,    Mr.  Sacheverell,  Wm.  Greaves, 
John  Greavesyi^mui*]  Hichards,  Salmon,  Ar* 
I  thur  Uiccards,  Halph  Bcnnet,  John  Shu  vvia^ 
.  W  iliiam  Wilson. 

Rtcordtr.    Was  Wilson  there? 

Rippoiu    Yes,  1  bue  hint  myself. 

Recorder,    W  hut,  it  juicing  J 

RJppon.  Yes,  he  u;ib  rejoicing  as  the  rest 
did,  to  the  terrifying  of  us  ull. 

Recorder,    \V  as  he  in  the  croud  ? 

Rippon,    Yes. 

Mr.  A^orth.  Will  you  ask  bim  any  thing, 
gentlemen  ? 

Riupou.  1  know  nothing,  if  it  please  your 
lonlsnip. 

Mr.  Uoli.  Pray,  Sir,  this  ^  can  \ou  klv  that 
Mr.  Sacheverell  liad  his  sword  on,  on  Michael- 
nras-day  ? 

Rippun.    Yes,  certainly  he  had  one  on. 

."^Ir.  HoU.  Can  you  take  it  upon  your  oath 
he  .had  Y 

RipjMn.  Nay,  there  w  ill  he  several  th;it  w  ili 
sweai'  it,  I  will  warrant  you ;  and  1  am  sure 
you  would  have  been  airaid  if  you  had  been 
there. 

L.  C.  J,  Were  Mr.  HuU-.hinson,  or  Mr.  Gi-e^ 
gory,  burgesses,  eitht-r  by  the  new  or  old 
cliartcr  ? — Rippon.  No,  they  were  not. 

L.  C.  J.    nere  Mr.  Sacheverell,  Oiid  any  of 


55 j       STATE  TRIALS,  36  Charles  II.  l6U.~Trwl  if  Wm.  SadUverell.        [5ft 


these  gentlemen  ever  present  at  any  other  dec-  j 
tion?  • 

Rippon,  It  is  pOHuble,  after  tlio  election  is 
over,  they  might  invite  ^rentlemen  to  feast  at 
their  houses,  but  never  to'  have  any  concern  in 
the  electi<in  in  the  least. 

L.  C.  J,  How  many  elections  have  you  bqen 
present  at  ? 

Rippon.  I  came  into  the  council  at  the 
kins;f*s  coming-in,  and  I  have  been  alderman 
live  or  si.x  years. 

Mr.  rowis.    He  came  in  by  the  rcgnlation. 

Mr.  FolUjcJen,  Pray,  whereabouts  wai  it 
the  mayor  ivas  sworn  ? 

Rippon,    At  his  own  house. 

Mr.  PolUxfeiu  Whereabouts  were  the  she- 
rifls  sworn  ? — Rippon.  What  theriflfs  ? 

Mr.  Pollexfcn,  Malin,  the  witness  tliat  was 
before. 

L.C.J.    He  was  the  old  sheriff. 

Mr.  Holi.  And  where  were  the  new  sheriffs 
sworn  ? — Rippon,  At  the  mayor's  house. 

Air.  VoUexfen,  Was  Mr,  Malin  sheriff  by 
the  new  charter? 

Mr.  lioU,  Was  it  before  tlie  election  of  Mr. 
Greaves  mayor,  or  after  ? — Rippon.  Afler. 

Mr.  Pollexfcn,  Was  Mr.  Malin  by  the  old 
charter,  or  by  the  new,  sheriff? 

Rippon.    BytheoM. 

Mr.  PolUitfen.  And  not  by  the  new  ? 

Rippon.    No. 

Mr.  Pollex/en,  He  says  he  was,  and  you 
aay  he  was  not. 

Rippon,  Vfir  that  day  he  was  so,  but  then 
he  went  out. 

Mr.  Polliwfcn.  Did  the  mayor  return  to  tiie 
hall  afler  he  was  sworn,  or  after  you  left  the 
hall  in  the  fri^^ht  ? 

Rippon.  We  went  straight  to  Air.  Wild*s 
before  h^  was  sworn,  and  then  wo  sworu  him 
there. 

Air.  Pollexthi.  But  the  oucstion  asked  you 
is,  Did  Mr.  Wild  return  bac-K  to  tlie  hall  aVter 
he  had  taken  his  oath,  and  was  sworn  in  his 
house? 

Ripwn,  No,-  he  staid  in  his  house ;  it  is  not 
usual  for  the  mayor  to  fo  buck  to  the  hall. 

Mr.  Pol  lex  fen.  Did  he  go  to  the  cross  after- 
wards?— Rippon.  Yes. 

X.  C.  J.  It  was  on  Alichael mas-day  that  he 
was  swon) ;  and  ft  was  by  their  proelaination 
made  at  tlie  cross,  tliat  he  was  sworn  mayor 
that  day  ?^Rippon.  Yes,  my  lord. 

L.  C.  J.  And  was  it  the  day  atler  that  they 
proclaimed  (i reaves  to  be  mayor  ? 

Rippon.  Yi>s,  my  lord  ;  it  is  true,  to  the 
terror  of  us  all :  I  will  assure  yuu  it  i^as  a 
wonder  there  was  no  more  misrhrof  done. 

Mr.  Pollexfcn.  These  g[enticmcn  wei-e  i:otin 
town  that  day* 

L.  C.  J.  Take  you  your  liberty  to  make 
your  defence  jit\erwiards ;  but  you  must  distin- 
(fuisb,  there  are  two  days,  and  some  jMiople 
were  one  day,  and  some  the  other }  some  peo- 
ple were  at  the- time  of  the  election,  that  were 
not  at  the  market-plaoe ;  and  sonic  were  at  the 
auurket-filaoe,  that  wore  not  at  the  Section. 


3u9t.  Hollnwvy.  That  day  Greaves  was  thai 
chosen  mayor  in  that  tumultoous  manner,  dU 
any  of  these  persons  take  npon  them  to  sweir 
Greaves,  when  they  bad  tbus  chosen  hira  ? 

Rippon.  We  went  out  into  the  hall,  and  i^ 
that  time  ihey  did  swear  him. 

Recorder,  Was  Mr.  Greaves  sworn  thai  day 
by  the  pretended  election,  Alaliii  ? 

Malin.    Yes,  by  the  coroner. 

L.  C.  J.  But  1  perceive  by  their  old  chartei', 
there  was  no  mayor  to  he  sworn,  but  byte 
old  mayor  that  went  out. 

Mr.  Stanhope.  Did  not  the  coroner  use  l| 
swear  the  mayor  by  the  old  charter  f 

Rippon.  Yes,  but  in  the  presence  of  the 
new  mayor ;  he  was  by  always. 

L.  C.  J.  What  do  you  mean  by  sweariM 
of  him  by  the  coroner  r  Hsrk  you,  u|M>n  yoil 
oath,  was  there  ei  er  any  mayor  of  Nottingmu^ 
in  your  time,  sworn  but  in  the  presence  of  the 
old  mayor?— R{;);)on.  No,  never,  roy  lord. 

L.  C.'J.  Do  you  call  that  swearing,  becatse 
he  reads  the  oath  to  him  ? 

Air.  Holt.  The  coroner  has  authority  « te 
do,  as  we  shall  shew  you  hy-and-liy. 

Mr.  Poaris.  Then  swear  Ileynolds.  [Whidi 
was  done.] 

Reynom,  I  brought  down  the  charter,  my 
lord. 

Recorder.  1  would  ask  Rippon  a  qucstXHi 
before  he  goes  ont :  Let  us  know  of  you  when 
the  old  mayor  was  sworn  by  virtue  ot'  the  new 
charier? 

Rippon.  I  cannot  tell  that ;  the  mfw  mayor 
was  sworn  by  the  new  charter,  at  the  old 
mayor's  house. 

Recjrder.  The  other  two  witnesses  did 
swear,  that  the  olil  mayor  was  sworn  in  the 
hail ;  bnt  he  says  he  was  by,  when  the  new 
mayor  was  sworn  in  the  old  mayor's  house. 

L.  C.  J.  it  is  understood  upon  the  receipt 
of  the  charter,  Wild,  \tlio  was  the  present 
mayor,  was  sworn  in  the  hall ;  hut  aflerwards» 


by  reason  of  the  hurly •'burly,  and  noise,  they 
went  away,  and  chose  the  new  mayor  at  Wild* 
house ;  tnat  is  tlie  fact  that  is  sworn. 


Recorder.    It  is  right,  my  lord. 

Pmiit.  I'ray,  lleynolds,'  will  you  tell  my 
lonl  the  whole  story  *,  for  you  it  seems  brougrfai 
the  charter  down. 

Remolds.  Aly  lord,  I  brought  the  cbazler 
fnmi  London  ;  and  when  \  brought  the  charter, 
I  was  sent  by  Air.  Alayor,  to  acquaint  Mr. 
Edge,  that  the  chart er*^  was  come,  and  this 
mayor  desired  him  to  come  and  hear  it  rnd ; 
Air.  Kdj.'-e  asked  if  the  mayor  would  not  come 
to  cluireh  ;  1  told  him  he  was  at  the  tow»- 
hall.  When  wo  came  to  the  council-house, 
proceeding  to  have  the  charter  read,  and  all 
those  things,  Air.  Sacheverell,  and  a  gresl 
many  others,  came  to  the  cmmcil-house  ;  and 
there  the  mayor  offered  to  Air.  Bigland  the 
new  rhaiier,  that  if  he  would,  he  mi  jht  read 
it.  Air.  Suchevercll,  af>er  sonic  little  discourse, 
told  liiui  that  was  not  their  business,  they  were 
cpme  to  elei:t  a  mayor  by  tbc  old  cliarter: 
8ays  Air,  Mayor,  1  do  M  know  any  authority 


STATE  TRIALS^  SS  CH4tLE$  TL  l6%JL^snd  othert.f^r  a  Rwt  [^8 

of  4  pafi>ol«inatioi 


nirvor  *  8iV9  lie  to  me. 


OKxi  aM  Mr.  ^iid  3ir. 

BAaitjr.  came  bit*  md  there 

iMlhvlkarifcflBes  that  were  mct^  ibat  tUe  king 
hbA  gntnlrd  th^^m  :i  niTW  rliartev,  atiri  there 
vaio«ne  of  'unbheJ;  and 

If  Ib^v  «ri>ui«.  ireadiaEng* 

M  or  iQ  L^Uii.  I'h^n  tl^cv  went  to  nwear 
Mr,  Aldennan  Wild,  acwinling  to  the  new 
MHO.  Presgpftly  Mr,  Htitchinton  and  Bilr, 
Wgiry  c^i>e  itt,  qh4  t<v|d  bim  lUey  bad  eled^ 
Ml  Wr.  CifOBfes  mavnr,  and  if  he  would,  he 
M»e  &n4  hear  him  swurn  :  be  said,  he 
I  aulhtint^'  they  hnd  tor  it,  and  denied 
mnt  •OcH   etriMiun.      Thoti   there  wei^  siioh 

Ini  1L  new 

iaft  Iti  MC«   vTan    jiroclumied    divers 

VPDK  no  bearing  him  speak  : 

U<^  mmirued  tbu  eotuu   ^^^  ^e 

:  to  ihe  nrai'tr'-i   !K»ti»e.   and  theie  they 

•P  tbe  tJ'  I'lady^   «inri  tie 

ni  tea  oji  '  eiif 

Charier!  ?l«*n'^'v^  or! 

A6raiiP€*ai*yi>i  tm:  .,.  *.  .>ii,»...u»  .  .^.^n-, 
ia^f ♦  a  C*^6<^  many  of  tliL'm  wenv  ii»  firt^^rkiim 
bim  «t  tb«  cniss  agiiiu,  atnong  the  i< -^t  Mr 

Was  <  irej^ory  there  toa  ? 
Yf*,  I  think*  so. 
Did  voo  make  (jroelamation  at 
plmU,  ior  uJl  to  doport  that  had  no 

Ste^mmtik.    At  the  council- house  I  did,  be* 
^m^emmti  m  the  common- hall. 

00  yon  remember »» ho  wa»  there? 
Blr.  Saclieverell  and   Girjfory^ 

fc;  J(M«i.    Did  thi-y  continue  there  ? 

H'  Ihd  Mr.  Sache^ereli  make 

1  I .  I  re  was  a  g^wat  tioU«  in  the  hall, 
llnl  vfMi  Uk'ikt  .wy  things  oun- 


K.' 

ereU  ary  out, 

^blMoks!  Ntay  the  hook« 

! 

mt^Ur.    IV  bat  booka  did  he  nkean  f 

l^nofd^.    Tlivy  Mtre  «ome 

of  the  books 

"    ',         "    .;  ^ 

^Nr^' 

1  U(  ar  id'. 

l^liu  i^.      \^ 

Hit  ibeir 

^vio  iltnnari 

^k/(/r.    Vrv 

ni-^ory^aml 

^KvtchH'^-"' 

^ -"•'*!  to  df- 

i  tkir  tu 

\  ho  sent 

as  ilw) 

cmoif  liad  ftcui  ih 

yor  that 

Mr.  Uoti,   Yott  apadt 
where  wua  it  ? 

Rtynofdf.  Ye««  I  did  make  pfoctamal ion  i 
ttie  eotlneU-hutise,  iw  bid  all  depart  that  liod  i 
business. 

Ju&t.  IfltMfiu,  How  fsatne  yon  10  make  till 
(Kroclatnetion  ?  ' 

Ihynotds.   The  msy^r  brrf  me,  aa^  I  did  i 

M^,Holi*    Wast  swMntbeit? 

HciftwltU*  It  was  i  ,  thing  wtm^ 

Mr.  Holt.  Was  it  beture  iic  was  sworn  up 
tlie  new  obarter,  upon  your  oath  ? 

Reyrifdda,    it  waa  in  the  council- ha  use. 

Hccot'ticr,    It  was  when  yon  wert*  t'ryin^  tig 
your  f'      '      mayor. 

ft  I  \  ftenirarda,  did  y  oti  obaerre  i 

beuiiiii.  .l.v  lu.n^le  at  afny  titue  af^warthP 

Htconter*  Swt^r  alderman  Parker.  [Wbidil 
was  done.] 

Mr.  Jones.    Are  yOii  sirorU|  Sir  f 

Parker.    Yes,  ' 

Mr.  Jonet,    Wbyr,  liioti,  will  you  please  i 

five  niy  lord  and  jur}'  an  accoucit  of  nhat  joq 
now  of  this  matter  f 

Parker.    At  Michaettnas-day  waa  twtire 
month »  I  t4ime  to  Mr.  Gorras  Wild's  bona 
who  Was  then  mayor.    It  waa  about  1 1  o'< 
that  1  was  there'.     There  were  a  great  i 
met  that  used  to  meet  that  day,  in  otdar  t»  t 
choosing  oi^  a  i  (>r«  lyid  there  were  i 

i^rcM  many  oti  r  mayor  did  not  kn 

of  their  roiDini^  ...m  ,  J»>v  he  gave  no  i  ' 
he  saiit,  for  tKivf^rdl  ot*  them  that  uame,  to  i 
pcBT  there,  They  did  iniporttinc  bim 
much  to  he  gone,  In  order  to  the  electioo  of  1 
mayor,  ^aid  I  tn  the  mayor,  w©  do  expert  m^ 
charter,  and  if  wc  should  g^  on  to  tbe  choaaioff 
or  a  mayor,  we  hhouM  he  all  m  confufMon.  So 
after  a  white,  ihe  diiwlif  |>arty  witbdMir 
ont  of  tbe  bouse.  Some  gnrtlemcn,  ttijvtttit, 
met  with  them^  and  went  forward  towards  I 
'  Mary 'a  chiiroh.  Immediately  alter  cainet 
charter  down  by  bim  that  was  last  «woni.  We  ' 
were  sent  up  In  the  churvh  to  dmire  aldomttci 
Filife,  that  was  the  town- clerk,  to  como  nud 
riad  the  rharler,  and  to  let  o»  know  bow  wq 
were  to  procwd  in  relation  to  the  work  of  Ibe 
day.  He  i^uid  \w  woiiid  not  come.  Altorwarda 
we  went  to  the  to\^"-^5»iT  into  tbe  < 
chamber;  and  alW  time>  siiyalfffij 

Mayor  to  nie»  broths  ,  I  would  dea" 

you  and  Mi%  BipfKm,  and  Mr.  Siherilf  MatiO^ 
to  go  up  to  tlie  cburrb,  and  desitr  and  cont-' 
nuind  my  brother  Edge  to  etmt  ib«ni«  and 
assiat  tia  in  tbia  buainais ;  ao  w^tbdvo  «ip  aod 
apake  to  my  brother  Kdg^;  said  I,  Mr.  Mayor 
desires  you  to  come  down^  the  ebarti-r  i«  ©onto, 
and  be  would  l  i  oaie  and  n  ^rl . 

said  It  if  Mr.  ^  ;ljmd,  and 

mnii  fir*<»ves  v^in  <io  w    tknvn,  tliry    umy  ue  ' 
jwiljstVd  ihfvf  ih  a  ehnri>  r,  atid  wc  cannot  act 
r''       ■    T   than   hy   ''    *      '  Mtlrrman 

I  ,  He  kiu'  ?rt1er, 

I    ,1.. ;  he  was  by  ,, ■  ,  i--    ^ml  mt 

know  of  auy  new  one.  niul  would  act  by  tlia 
old  charter,  and  not  b}*  the  new  cme.  Vl*lfaa 
we  (yanie  down  to  9/fit^  A^fayar,«ai4 1^^  y»T 


59]        STATli  TRIALS,  ;)o  ChaAles  II*  i6U.~Tnttl  of  IVm.  SgehtvcrtU,        [| 


th«r£«l(:re  nil)  not  come  dawn  among  you ; 
ticr«  V9  tfc  f»pecittl  commijtsitfn  In  Uie  cfaorter  di< 
r^i^tctt  lo  tWr  at*  us,  or  /luy  two  of  them ^  to 
«wair  you  iiiay«»r ;  wc  must  do  that  the  fiii»t 
th^og  w€  iJo,  ind  go  forward  in  tliat^  for  wc 
rah  t*'»  nfvthing  till  you  arc  sworn  mnyor.  By 
ti  les  down  a  ^ eat  man <  Mr. 

\  1  :  eat es,  my  hi  oi bcr  E <  I  l_  x che  • 

Tertii:  it  you  please,  I  \%\l\  to<ik  iii  my  paper, 
and  read  tlicir  uamcsi  that  1  nioy  be  mor^ 


I,  C  J*  Ay,  look  upon  yourfiapcr,  to  tc- 
frc^i  your  memory. 

Fc/rAfr.  There"  waa  SjichcTeHl,  Or^ory% 
lIulchiQsoit,  the  two  GreaT&i*H,  HainuH  Ricfi- 
afds,  Hobert  Ct reen,  Salmon^  Arthtu^  Uiccard«, 
John  Shcrwin^  Ralph  Bennet,  aud  Wilson,  the 
rector  of  fck-  Petal's ■ 

Recorder.    Mas  iic  there? 

Parker.  Yes;  Sajnupl  Hmith,  Rd.  Smith* 
fng^.  Hoc,  Uarkcr,  Charuell. 

£,  C*  X    M  as  Barker  there  ' 

Parktr.    Ycs^  1  bairt  bis  luiuie  dowo  io  this 

10* C.J.  WeJI,ffoon. 

Pmrker.  First  they  forced  iuto  the  coundl- 
ouae,  and  forced  us  out :  so  I  loki  Mr.  Sache- 

fill,  said  I,  vnu  hare  nothin;;^  to  do  here. 

lUeofder,   What  said  he  ? 

Parktr.    Said  he,  I  bare  lo  do  licre^  1  am 

aeerned  if  I  am  a  burc^ess.  Said  1,  no  hur- 
I  acts  here  but  a  gowa-nuin ;  for  it  is  only 
mayor,  alderuien,  and  duthirig'  that  ane 
cotiC€rmHi  in  the  election,  and  %vts  nei-er  have 
aov  gentlemen  among  oa. 

Mr.  Poai*.  Did  they  behave  themseWe^so, 
\  that  you  were  afraid  of  tiiiik:bief  ? 

Parker.  8aid  I  tof>omeof  our  fiiendtif  g^n- 
'  tlemen,  take  the  mayor*a  mace  into  your  hands, 
for  they  were  tor  M^izing-  the  great  mace  that 
bdongito  the  mayor.  Anr  '  '  fake  care 
of  the  books.    8aid  lVlr.8.  Stop  the 

books.  There  was  coroner  /t  vjnu'U^i*  taking 
them  in  hts  bands.  8»id  I,  take  noiic^e  who 
dares  lake  the  books ;  and  said  i  to  Mr.  Sache- 
verellf  you  have  notliiug  to  do  with  the  books, 
the  boots  belotig  to  ut.  isays  he,  take  notice, 
I  will-^in  a  menacing  way,  and  then  heUl  bis 
tongue.  Said  I,  I  am  sorry  to  see  things  here 
this  day  :  1  have  been  a  member  of  the  corpo- 
ration, and  been  present  at  these  elections  for 
18  years,  and  J  uaver  see  such  a  thing  as  this; 
and*  said  I,  I  profess  I  couLd  abnost  cry  lo  see 
these  diiisenti on s  made  iimoti^  ua.  Said  I,  I 
must  go,  being  one  of  those  Uiat  was  in  coxn- 
nusaion  to  swear  the  mayor*  my  brotljei  HaJl 
is  not  here,  and  my  brother  Edge  is  ^vith  theni ; 
*'"  tbcy  keep  me  here,  tlie  mayor  cannot  he 
lorn ;  so  I  puhcd  off  my  gown,  and  at  lant 
i^^v  bue  I  waa  resolved  to  go,  with 
h'  A  Clouding   I   got   through.     But 

M  !  nor  way  swuru,  said  f,  you  muKt 

now  :i  r,  and  give  ontiT  tor  tlie  peo- 

ple to  <  <^  tie  dicb     Sayii  he,  will  you 

itayi  No,  Hiikfl  1,  1  dare  sluy  no  k»ngc;r;  the 
rmle  ttrt»  bnoyea  up  to  liiat  Iteiglil,  tbut  I 
am  afnud  we  abaH  bid  knockod  ua  the  be;id. 


Sol  went  to  my  bioltier  Hairs,  and  I  aaid  j 
his  wife,  stster,  citJicr  give  mc  a  gbts$  of 
or  sack,  Ibr  1  aiu  even  s|}ent. 

X.,  C*  J,  Tliat  was  to  recover  hb  heart  i  ^ 
thill  ^\as  sinking;  for  an  aldentiatrs  heart'] 
neralJy  sinks  in  sudi  a  irigbL 

Parker,    We  did  proceed  on  then, 
went  Itack  again  ;  Said  I,  if  they  niuist 
knock e<l  on  the  head,  I  will  go  and  be  J 
on  the  head  >vith  thciiu 

L*  C.  J.  A\\  '  igccame  tohb 

when  be  liad  ,i  noe, 

Fa$'k€r.    1  iiM  I  u.r.ii  Uiiif  '•'-'■     *-' 
the  mayor,  let  us  go  to  your  i 
lef  u§  proceed  on  to  rhooj^  a  i 
him,  ami  all  other  fiihcers. 

have  nobcMly  to  a*si*l  as,  we  m        

we  can.     And  we  went  thither,  and  pr 
to  choose  a  new  mayor,  and  then  newf 
and  coroner,  and  chamberlaiji,  and  we  | 
tlient  their  oaibs»    And  after  aU  tlii»,  we  wa 
4  to  the  ancient  custom,  to  the  w^ 
%  anil  there  we  gave  order. ^  lor 
iinmauon  to  be  made,  to  give  notice  to 
ctn-jtoration  who  was  then  mayor,   whoi 
then  aldermen,  m  ho  were  then  she 
were  then  coroners,  and  who  was  lliett  i 
her  lain  for  the  year  ensuipg.     \\  b  list  1 
doing,  Mr.  Sherv^in,  Mr.  Green »  and  j 
many  of  them  came  down  hoUowing  and  i 
ing,     No  new  Charter!     No  new  Charier  I 
they  cared  not  for  the  new  charter,  it 
worth  a  groat. 

X,C./.   Who  said  that? 

Porker.    Sherwin,  a  man  of  a  good  i 
They  were  going  fast  away  :  No,  aiid  f 
go  on  the  old  rate,  we  are  m  a  good  cause,  j 
we  do  not  fear  them  a  |kin ;  if  tln-y  do  lay 
it  w  ill  be  to  their  cost. 

L.  C,  J.  Well  said,  thou  hadst  dnmk  a  i 
glass  of  sack,  I  perceive,  for  thou  wer^l  i 
horrid  friglit  before. 

Parker*  The  next  day  they  could  commn 
all  the  counsel  iti  the  town  to  attend  tbcm  wj 
their  new  mayor.  Greaves.    There  was  J 
Edge,  John  Hherwio,  and  a  grc:it  ma 
tlemen,  with  swords  by  tbcii  side-s,    \vaiJ 
the    market  cross,    and    made   pi 
And  after  that  was  done,  tlicy  c<»ii 
on  Suudav  ;  for  on  Sunday  Mr,  Gittet^-^ 
may  or,  came  with  abundance  of  people  at 
heels,  not  gentlemen,    but  gown- men, 
thiU  were  ot"  that  parly,  and  offer«nl  to 
into  the  seat  were  the  mayor  was ;  und  we  v 
so  fearful  of  disturbance,  that  we  were 
to  have  a  guard  to  preserve  the  mace,   i 
secure  it  from  being  taken  tiw  ay  by  viole 
nnd  we  writ  a  letter  to  Loudon  to 'mj  br^ 
liull  to  acfjoamt  hitu  with  it,  and  $;cnt  poiit  | 
my  lin'd  tkike  of  Newcastle,  to  let  hi m  J 
how  it  was,  that  we  were  afraid  ol' being  | 
eil  OH  the  head :  and   his  gi  ace  waj^  sal 
that  he  imme*!  <  lu  us,  and  wastlid 

alxiul  four  or  In  <  ^,  imd  then  we  I 

to  be  a  little  in  hope. 

L,  C\  /,    Tbca  you  b^an  Ki  be  iQ 
agaluf 


Chancrl 

iTvM 

tuae,  aim 


STATE  TRIALS,  36  ChaMBS  II.  1584.— mi?  oiher9,far  a  Riot         [6S 


trkr.  How  hare  tfaey  faehaTed  tbem- 

■MB?  ' 

•far.  They  baTe  had  sncb  cabals,  and 

«,  and  rlubs,  that  we  have  oilen  been 

tftkn. 

,Ealt.  I  luppose  they  can  drink  sack  as 


■jia. 

LAnnn.  Pray,  Sir,  had  the  burgesses 
■■T&inffto*do  with  the  election  by 
iiiBUtw?-PcirAer-.    No. 


biWu.  Mr.  Alderman,  yon  have  been 

itiwia  that  town. 

lAv.  My  grandfather  was  an  alderman 


L  Fmu.  Dill  you  ever  know  in  your  life, 
tee  gentlemen  ever  used  to  interpose 
■in^  srconecm  themselves  in  the  elcc- 

iltr.  Na;  we  always  went  into  the  coun- 
MB^aad  were  called  one  by  one,  and  the 
mm  Wft-T  came  in  amon'sf  us,  but  only 
ptenn  that  my  brotlier  Edge  brou^^ht 
l^ematy,  to  shew  him  the  formality; 
Itp  »y  llursess  came,  but  those  that 
ilkt  coonciT,  or  clothings,  as  we  call 
-*!  Mveraaw  it  otherwise,  and  I  have 
mpoimany. 

HMMf  f.  Did  not  Mr.  Sachevercll,  nor 
Mkeaat-lmrgesses,  use  to  come  in  ? 
m  No,  Itoidthem,  says  I,  this  charter 
ii^yon  have  notliing  to  do. 
Iki^p.  Did  Mr.  Hutchinson  and  Mr. 
RfMetDcorae? 

Idt.  Ka,  tlicy  were  no  bnrgfcsses.   But 

"kif  that  if  vou  please,  I  would 

rMr.  Hutchinson,  Mr.  Gregory, 

is  and  Samuel  Richanis,  came 

a  bather  Wild's,  the  uld  mayor,  and 
ear  mace.     SSaid  1,  what  nave  yon 
Utile  mace?  Tbey  said,  Mr.  Greaves 
f»  hath  sent  for* it.    Said  1,  if  the 
nira  little  spirit  upon  him,  be  would 
laneare  you,  to  ask  such  a  thioi^,  for 
teatheerood  behaviour;  said  I,  and 
■lyor,  I  would  secure  them,  and  let 
m  their  advantage  against  me ;  I  would 
fjk  these  (gentlemen. 
'anii.    You  speak  of  somcthinsr  that 
m  at  the  cross  the  next  day  alter  tlie 
I  was  Mr.  Saclievercll  there? 
BT.   I  believe  he  was. 
mH.  Did  you  see  him  ? 
Rf.  1  was  in  mv  chamber,  but  I  cannot 
Mr  be  was  tfiere. 
haelf.    What,  at  the  cross  ? 
IK'  There  were  all  those  that  1  named 
MI  tell  you.  Sir,  the  riot  continued 
i  9mmhj ;  for  all  that  bore  office  on 
iRCHHeaod  attended  Mr.  Greaves  to 

RMr.  Greaves  c1api>cd  his  hand  on 
■eat:  Haid  I,  Mr.  Mayor,  keep 
■d  do  not  stir  out ;  and  he  did  not. 
torn*  Pny,  tell  which  of  the  de- 
lft at  the  cross  on  Saturday,  or  at 

I  was  Mr.  Gregoir  and  esquire 
r,  and  William  Greaves,  and 


John  Greaves,  and  Samuel  Richards,  and  Ar^ 
thur  Riccards,  and  the  Smiths  and  Sherwm.  . 

Ltroell,    Were  all  these  at  church  ? 

Parker,    Yes. 

Recorder.  Did  they  use  to  come  to  church 
before  ? 

Parker.  Sir,  it  is  a  custom  to  wait  upon  the 
mayor  the  next  Sunday,  and  they  waited  upon 
him  in  their  formality. 

Mr.  HoU.  Did  not  you  give  your  vote  for 
electing  a  mayor  according  to  the  old  charter, 
upon  your  oath  ? 

Parker.  1  will  tell  you  what  I  did  ;  when 
they  called  to  the  election,  and  to  the  poll,  and 
asked  who  1  was  for,  I  told  them  that  there 
was  no  man  capable  of  being  voted  for,  unless 
it  were  Ralph  Edge. 

]^Ir.  Hoit.  But  did  you  give  a  vote  for  such 
an  election,  or  no? 

Parker.  I  tell  vou,  I  said  there  was  no  man 
capable  of  a  vote  but  him,  and  I  could  give  my 
vote  for  none  but  Ralph  Edge:  and  said  I,  lif 
you  will  have  it,  I  will  give  my  vote  for  Ralph 

Mr.  LovclL  Was  there  an  election  for  Mr. 
Greaves,  and  poll  taken,  pray  ? 

Parker.  I  cannot  tell  that,  but  I  was  by  al- 
most to  the  latter  end ;  for  I  could  not  get  ont. 
the  croud  u-as  too  great,  till  I  had  pulled  off 
my  gown  and  crouded  out. 

Mr.LmeiL    Whotook  the  poll? 

Parker.    Mr.  Alderman  Ii)d^c. 

Mr.  Lovell.  ^Vas  Mr.  Turpm  in  the  aounciU 
chambcr  at  that  time,  or  not  ? 

Parker.   Yes,  he  was. 

LovelL   Are  you  sure  of  that  ? 

Parker.    Yes,  indeed  am  I. 

Loveli.   Was  Barker  there? 

Parker.  Yes,  he  was  in  the  hall ;  it  is  all 
under  one  roof. 

Recorder.  The  books  that  you  speak  of, 
that  3Ir.  Sachcvcrell  would  have  secured,  what 
books  were  they  ? 

Parker.  My  brother  Edge  can  give  a  better 
account  of  that  than  I ;  for  he  kept  thorn. 

Recorder.    You  can  tell  what  thev  were? 

Parker.  They  were  books  that  oelonged  Ikt 
the  mayor. 

Mr.  'Stanhope.   Mr.  Parker,  you  s:iy  Mr 
Wilson  was  there? 
.  Parker.    He  was  in  the  hall. 

Mt.  Stanhope,  You  know  it? — Parker,  Yes 

Mr.  Stanhope,  Are  you  sure  of  it  ? 

Parker.  Yes,  you  know  it,  Mr.  Staidiope. 

Mr.  Stanhope.  1  was  not  there,  sir,  how 
should  1  know  it  ?  Pray,  how  did  Mr.  Wilson 
behave  liitnself. 

Parker.  He  was  among  all  the'rabble  when 
they  were  shoutinuf,  and  crying  out,  No  new 
Charter,  No  new  Charter ;  he  was  an  ab6ttor 
among  them,  so  1  give  it  you  sworn. 

Recorder.  He  exurted  them  to  it,  I  will  war 
rant  you. 

Parker.  Yes,  and  has  enct nraged  it  in  his 
pulpit  sincre. 

Mr.  S.  Wartf.  Did  you  hear  anything  of  a 
standing- club  to  carry  on  this  opposition  '* 


STATE  TRIAI^,  56 CHknLiA  11.  \6%A^7^al of  Wm.  Ssc 


^ 
¥ 

$ 


fiy  uf  thr  fkieiidoknU 
ef 


W3 

I    hear  Xhttti   is   tt   , 
%\u               I,  aitd  tliv^  hate  gitU 
ium«i  ot  iuou<:'Y  tor  ttu9  busiu£4t. 
Mr  5.    Ward.  U"^  "   **  " 

keep  up  tliesmnt 

Farkcr.  I  have  LrLmt  s^ 

Z.  C\  J.  Tiiat  is  iioiliiii^  to  the  bdsbe^  ; 
wV  "  •    -     3  laikio  us  oluny  such  thing  ? 

S^vvcar  Soinuer.  [WhicK  was 
duM^  J  ^  V 1 1 1:  yau  sent  by  the  sheriff  to  dc- 
duintl  the  mace  ?  and  pniy  what  hap[»cncd  ? 

$umncr*  Sm  :\j  ili:ir  iihk  1  uas  tlie  sherifrs 
«crjeaut,  aQl  and  so 

thereumflu^  ic  ijoloij 

out*  and  the  uther  caiiuig  Tu  tlvctioii,  »ntf  Stop 
the  books  •,  and  my  master  the  liheriff  coiiiing 
out,  I  got  in  .i»  fM2Jt  as  I  could)  and  gift  hubl  uf 
the  mace  tlmt  wn<*  upon  the  cgunciUtable.  ^Ir* 
Kdph  r  Jr.  Saloiott^  and  Mr.  ArtJmr 

Jlia-an  nil  oie  again «  andtold  rae  I 

111 '  'i  it     So  I  went  and  lold 

II I J  iti  went  and  dttnanded  it ; 

bui  tuvy  urn  lurii  l; 1 1  iiitu  gooe  al»out  his  biisii' 
ness.  "Hut  bclore  I  went  tirom  the  Uiiyor's 
house,  l)ie  may  or  called  roe  in,  and  iiaidi  liubio» 
do  not  give  any  occasion  ef  oflence  lo  luiuj, 
i^oinanor  child,  to-day, 

Mu  order.  Tliejitry  desire  to  know  who  it 
was  took  the  mace  from  you  ? 

Somner.  Thev  did  take  it  firotn  tne. 

IUccr(kr,  \V"ho  did  ? 

Samner*  Mr,  Rak»h  Bennet,  Mr.  Sahoon,and 
Mr.  Arthur  Kiccards ,  them  three  laid  hold  on 
me,  and  told  me  1  hadnoihing^todo  with  it. 

rMr.  Jennings.  Bid  they  I'orctrit  fipotii  you  ? 
SomtiCr*  Y*£i, 
Mr>  JcHfiitt^f,  And  thev  did  refuse  the  xnaco 
te  Mr.  MttUnVJWwards  > 
WSomntr.  Yes,  thev  did. 
I  ]ii .-    \/  ,  n  ^f^tpc,  vVherc  was  the  mace  ? 
I  k  by  upon  the  table, 

f  : ......rupc.  I  thought  yott  said  they  took 
»■■ 
tal 
H, 


^  from  you? 
Stwiner.  Ye 


ea>  af\er  I  bad  Uid  hold  of  it^  aod 
taken  it  ojT  the  table. 

Hi,  FiUDU.  Wereyousentforit  byibetbe- 
riff? 

Somncr.  1  was  flerjeant  to  the  aberiff,  aud  it 
Wlonged  to  me  to  oury  the  iDa<;e. 

L.  C.  J.  Well,  go  on, 

Spmner.  When  ihc  mayor  came  into  the  hall) 
nnd  desired  to  hare  the  new  charter  read,  and 
hi»4rd  in  peace,  earner  in  Mr.  George  Gregory 
and  Mr.  Hutchlnsonf  and  at\er  they  came  in, 
they  fell  a  shouting. 

keci/rdcr.  What  did  they  say  ? 

Somnvr,  They  tidd  the  mayor  tji^y  had  cliosen 
Mr,  Greaves  uiayor,  and  if  he  vvuuid  comc'  and 
bear  him  sworu^  he  mifj^bt.  He  made  ihem 
^ome  answer,  but  I  did  not  heiv  vvhat  he  t^d. 
the  nijise  was  «o  ^rcat  There  was  one  that 
■tOod  by  mc,  one  Martin  Chambers,  whom  I 
spakt)  to,  and  said^  Prillice  be  quiet,  or  hold  ihv 
tongue,  do  not  make  %\xc\\  a  uoisc ;  and  witU 
that  he  up  with  his  haad|  and  hit  tpe  a  full 
twop  QTer  th«  faco* 


X.  C.  X  Who  waa  that  ? 

Summr,  One  Martin  Chamhen  ;    aod 
man  they  hxif  e  brought  up  to  be  a  wllnefi 
tbcut. 

Mr,  PciaiV.   Sivcor  WorUcy,    ^ Which 
done] 

Rrc(>rdrr,  Pray  will  you  give  an  aocomil 
wlielher  vou  saw'  WilsinI  llierc,  and  id  wbal 
place,  ana  what  he  did  ? 

Wort  ft!/,    Ytrsj,  I  aaw  him  in  the  coiinci 
house,  my  lord, 

Hccvrder,    In  the  council-hoti»e  ?  or  in  I 
hall  do  you  mean  ? — WorlUy,  In  the  hall* 

Htcardcr,    What  did  you  see  him  do  T 

Wifrllc^,    NoUiing. 

RtatrdfTn    Was  he  in  the  croud  T 

Wortltif.   Yes. 

3tr.  Feu  is.    Did   you  sec  the  mace 
awav?— UWi/r««  No. 

Mr.  Po.w«.    What  did  you  s«< 
do?  Or  what  did  you  bear  any 

Wort  ley.    Mr,  aachcvercll  bid  tiirm  »u 
hook»*, 

Mr.  AV/A.   My  lord,  I  hopr  we  liavc  i 
ciently  pro^eiJ  our  tj$&ue. 

L.C.J.    Did  they  make  any  !'"''^"  '*"  '■ 
bub»  or  outerieij  iu  the  hall  ? —  ! 

L.  C.J-   Did  tliey  make  au_.  ,   -,^    .- 
council- house  ? 

Worthy.    I  heard  him  bid  thciu  stay 
hooks,  thai  is  all. 

X.  C.  J.  Uow  many  might  there  he  oft 
gocMi  Sir  ? 

WortUy.    There  might  be  a  hui>drcd. 

L.  C.  X    Were  there  two  hundred? 

Worthy,  I  cannot  tell  how  many  thee 
mi^ht  be. 

Sir.  Holt.  Pray,  Sir*  ^Vortley,  befure  yo^ 
g0|  did  you  give  no  vote  for  tlie  election  of  \ 
mavor  upon  I  he  old  charter  ? 

Wortky,    No»  8ir. 

Mr.  FvUejfrn.    Did  not  you  gii  e  a   tote 
that  time  ia  the  council -chimb^^  ? 

Wordey,    Yes,  thbre  was  a  vote,  but  1  j 
it  for  Mr.' Toplady* 

Mr,  JrnntfigB.  I'ray  swear  Mr,  Rd,  Wijg 
(Wiich  was  done.] 

Recorder.    Pray  will  you  give  ati 
what  you  know  of  this  bwsinesf  ? 

Wright.  As  far  .is  1  can  give  an  aceount» 
was  thus :  I  saw  when  the  new  chiivier  ca 
and  was  carried  to  Mr,  Mayor's  hoiuse»  and 
was  given  to  the  uifiyor^and  it  was  met 
that  by  the  company  that  was  going  to  i 
and  they  were  aiujuainted  there  \»aj»  a  ||t 
f^h^ri-,.-  MTul  desired  to  return  buck  ajjain  ; 

'I   not,  hut   went  to  churcli. 
1         —  rr.t  hi  K  L  f  imKiiiphtT  lUyntddij,  s 
one  Mr.  -  i  ed  to  come  and  J 

it  read,  hui  uu  \  it. 

Recorder,    U  hat  did  you  do  in  tlie 
oit-chamber  ? 

Wright.  1  was  not  there,  but  in  tlie  hall  ? 

Recorder*    What  did  tliey  do  in  the 

Wright.     I   will   tell  you  what   they   dii 
They  hail  itie  charter  )>eibrc  tliem,  and   it 
goui^  to  be  rend)  and  the  buigt^soi  wtim 
I 


STATE  TRIALS,  36  CUARLI^  II.  l£84t.--«|i4  others  Jqt  a  Riot.  [6$ 


Mjeli  till  fiacb  time  as  Mr.  Hntphiiisoo 
Ir.  Gregory  came  to  acquaint  the  mayor 
Imj  kad  clio«en  a  mayor,  ami  desired  bim 
Bc  nnd  hear  him  sworn.  To  wbich  Mr. 
w  aaawered,  be  could  not,  neither  did  he 
If  wliat  authurity  they  did  it.  AUer  this 
i^ta  a  great  tumult  there,  aud  some  cried 
A  Gieu»  es,  A  Greaves ;  and  others,  No 
Charter,  No  ncwr  Charter,  ^veral  times 
veiie  W^tiretl  auil  persuaded  to  he  silent 
l^tt,  but  tliey  would  not,  hut  continued 
i^Mikuoiia  manner  for  a  ions'  time  After 
1  was  at  >lr.  Mayor's  when  Mr.  liutchiu- 
wiHr.  Gregory,  Mr.  Art^.urlliccardsand 
Bkkurdii  came  to  demand  the  mace, 
»ipQB  Mr.  Mayor  t<^d  them  he  would  not 
V  itbot  to  the  saa^e  authority  by  whicb 
id  it,  otherwise  he  would  not  deliver  it. 
ims  in  ttiis  company  Mr.  Ralph  lUrnnet, 
Mn  81ien»in,  Mr.  Samuel  Smith,  Mr. 
mm  Trigi^,  and  John  Hoe ;  tliesc  1  took 
iite  notice  of.  AAerwards,  wlitn  they 
Btopradaim  the  mayor  at  the  cross,  there 
■dm  this  Hoc,  andShcrwin,  aud  several 
■I^B  a  great  body,  tliat  the}-  could  not  pro- 
■  Ae  mayor  thorough! v  as  tbey  sliould. 
bCwi-  Pray  what  number  were  they  wbcu 

^«■eiMo  tlie  council-chamber? 
r^b.  There  might  he  fitly  of  them  I  he- 


.  Who  was  the  chief  man  among 
mf-'Wfifkt.  j^lr.  Saulievcrcll. 
IkC  J.  Hhen  they  were  in  the  hull,  how 

Wngb.  VWa  they  were  in  the  hall,  J  be- 
iHiW|  wcffcwo  hundretl. 
Mtihrti,  My  lord,  we  rest  it  hfro  ;     ^\'c 

ftarA^rc^ven  a  snti'»factory  pn)uf  as  to 
^ddcadants  namcnl  in  thr  infonuation. 
tb*  haUciftn*  ^Iu.y  it  pIvUAU  v(»ur  lordshio, 
li  KB  |S%ailcm<?n  ot*  tliejiirVf  1  am  *■'{  coun- 
lilAft  case  fur  the  defi*u(!uut>  ;  nii(!,  iiiv 
ri^Mtaithstandin^any  thii;<^  thutlms  bec-n 
l|niachc;ie  we  shait  ninkc  it  piuiiilv  to 
p»,  that  we  have  done  notliinij:  iuit  {>hat 
ilBihyal  good  subfccts  and  honest  ii i u'li /iiiui 

Sae  were  tiu- from  stirring  or  incitin^r  any 
ilaikd  disurdir  in  this  tuwn,  ui*  an\   thiny; 
^W^  be  csJIitl  a  riot.     And,  my*  lord,  1 
^^'   ^le^^e  a  little  to  0|)en  thur  infuruia- 
\%v  uiav  come  to  the  utKution   upon 
uf  matiL-r  dues  stand.     My  lonK  Uicy 
\  m  (heir  nifui iiiatiuu  chargr:d  a  turaul- 
nbl  V  upon  tlie  defendauls  ti>  disturb 
mi  ihfr  Hiayor  upon  the  new  char- 
kt  this  did  continue  l)y  the  space  uf 
k  npon  thai  same  duy,  a:>d  tlicre  is 
respokcnof  any  otlicr  day;  aud  so 
■Ihfy  talk  of  \%  \i\cn  hnppcm^d  tlie  next 
r  wholly  uut  of  the  information. 
is  anotlurr  matter,  aiK»tber  pas- 


km  infomiation,  about  the  taking  away 

^■■MflJin,  who  was  then  sheriif. 

M|  oar  case  as  to  that  will  stand 

Jaaaa  ifaenif  by  the  ohl  charter, 

•Jhianr-;  and  tnei  if  Mahn  were 

r,  ijknhy  the  aurren* 


(lerhe  was  out  of  oflice,  aitd  was  not  sherifC 
andso the  inibnn^Uon  fails:    For  1  supjiose 
they  theniselves  would  not  have  both  charters 
to  lie  in  ibroe  at  one  tinpe ;  and  if  they   would 
have  this  to  bearer  the  ncvr  charter  was  grant- 
(hI,  then  was  nutMaliu  sherifl'by  tbe  new  char- 
ter.   ^  tbat  then  all  the  fact  that  is  laid  t  on- 
«-i:rniiig  the  taking  away  tbt:  mace  irom  Maliu 
that  was  then  sheriff,  i»  quite  mistaken,  ibr 
Malin  was  not  sheriif  then,  if  so  be  tl»e  old 
cliarter  was  not  theh  in  force,  for  lie  was  not  in 
the  new  charter,  or  any  way  elected  or  sworn 
sheriff:  So  that  therem  also,  my  lord,  we  think 
it  impossible  for  them  to  maintain  that  |iart  of 
ilieirinibrmation.    My  lord,  the  next  matter 
stands  upon  the  assembling  and  acting  of  those 
(tersons  that  did  assemble  and  act  uuiler  the 
old  cliarter;  aud  therem,  my  lonl,  it  will  fall 
out  thus :  By  the  old  charter  the  mayor  is  to 
bo  elected,  and  take  his  place  on  Michaelmas^ 
day,  upon  which  this  fact  is  allcdged  to  he; 
Greaves  was  elected  beibre  this  time,  upon 
the  14ih  of  August  according  to  tbe  usage  ol  the 
old  charter.    Then,  my  lord,  according  to  the 
coubtilutionof  that  old  charter,  a  copy  whereof 
w  e  have  here  to  produce,  if  the  last  inn'yor  be  not 
present,  the  coroner  has  power  to  swear  the 
new  one ;  and  that  will  shew  that  this  is  tlie 
rigrht  day,  and  all  things  were  done  by  the  old 
corporation,  as   is   usual  and  accustomed  in 
all   respects.      There  is  one  tiling  they  say 
some  ol'  these  |Htrsons  are  not  of  the  corpora- 
tion by  the  old  charter,  and  others  had  uo  voice 
iu  tlic  election  ;  my  lord,  for  that,  supposing 
they  had  not  a  voice  In  the  election,  yet  to  m 
there  was  no  crime ;  Ibr  if  a  man  be  a  burgess 
ui*  a  town,  and  be  present  at  the  election  of 
otiicers  ibr  the  town,  and  d<x*s  either  ad\  ise  or 
assist  in  the  election  (and   he  is  not  altogether 
unconcerned  iu  it  neitlicr),  this  of  itself  will 
make,  no  crime.  Why  then  the  day  that  was  Ali- 
chaelmas-day,  that  was  according  to  the  usage; 
and  the  place  and  pnKincdin^s  were  all  accord- 
Jh!!^  to  the  custom  that  they  always  used  u]»nn  the 
oUl  charier.  For  ttrst,  they  go  to  the  ol<i  mayor, 
ft'um  thence  to  chui-ch,   from  thcnt-e  to  the 
council  chamber,  where  thoy  used  to  e^stablish 
the  mayor  that  v.  as  lM*iore  chosen  ;    tliitlier 
ilK*y  V.  eiit,  there  lliey  did   elect  thi:;  Cii-eaves 
to  be  mayor,  and  v«'hen  they  had  eli.-eled  liini  to 
be  uiaycr,  he  did  t;end,  aceordinp^  as  is  proved 
by  their wiUicsscs,  to  'the old  mayor,  wlio  was 
then  in  the  hall,  to  come  and  be  present  at  the 
swearin;jf  of  tlie  niw  mayor;  uo  that  still  all  was 
done  us  is  usual  accordmL^  to  the  old  charter  ; 
and  if  that  charter  be  in  ibrce,  aU  is  le<r«d,  and 
the  answer  that  the  obi  mayor  does  y'ive,  is 
also  prov(Kl,  my  lord,  fur  the  ilcreiulaiifs,  all, 
besides  four,  were  not  iu  die  hall,  but  only  in 
the  council -chamiH-r,  for  any  thinj,^  that  ap- 
pears  by  the    evidence  ;   hut  if  the  evidenee 
be    etherw  is;p,  we  ha\e  witnesses  to  prme   iL 
When  we  were  int!ier<jinui!  ebaniber,  and  the 
may  or  come  and  bn;u«r!  It  the  charter,  we  were  far 
irom  opposin;*,  but  did  desiro  the  new -charter 
mij^'-ht  he  rend,  the  mayor  refused  tlic  readiug 
of  it,  but  took  it  away  with  luai|  and  went 


caerciBiQ^  of  hts  oflice  ; 

tion  is  oaite  Tarying  from  the  fact*    Then  I 

b  this  nirtber  be«ides,  my  lortl,  ibe  i 

and  mectiii|f,  and  gpoitig'  oo  according^  toi 

old  charter,  wa»  on  the  f9lb  oC  Strptttnoer*  I 

new  charter  bears  date  the  38th  ot  S^atfmbErJ 

and  conies  down  av  you  see  the  next  . 

^a3  !VlichaeIm&s  day*  at  eleven  o'ci* 

ire  have  it  in  proot\  that  the  surrender  0C 

old  cl>arter,  which  they    pretend,  w«»  oof 

rolled  till  the 7th  of  October  after;  andi 

favour^  my  lord,  tlie  old  charter  could  I 

delemiioed,  till  the  surrender  «-«« 

which  was  not  till  the  7th  day   of  i 

and  till  that  time  the  old   charter  conti 

in  force,  it  was  tit  for  them  to  act  ondrr  it,  1 

it  did  so  continue ;    and  if  they   bn 

their  election  on  that  day,  they  fiad  I 

in  not  proccedintf  according  to  the  ij 

rviy  loni,  wc  will  call  our  exklencc,  and  1 

out  our  fact. 

L,C.J,  Bnt,  Mr.  Polleifcn^  as  to  that  1 
talk  of  about  Malin  ^  Was  he  sheriff  or  1 
not  sheriff  ? 

Mr.  PoHcjfen.  He  wasuoiaheriflTi 
to  this  information. 

L.  C.  J.  But  wai*  he  shcriffor  t)Gt  sberilf t 

Mr.    Thompson,     Nut  sherifi^  h^    ikm 
charter,  say  we. 

L.C^J.  But  1  pray  answer  roe,  Was 
sheriif,  or  not  shetiff  ? 

Mr.  Polkjfen,  1  Uelieve  he  wts  sheriff  I 
the  old  charter. 

X.  C.  X  What  hod  you  then  to  do  irith  tb 
maoef 

Mr.  Follexfen,  Yet  say  we,  you  are  ma 
taken  in  your  inforn^utjon  ;    forit  so  be  yo 
lay  it  bo  an  offence,  the  tjikingf  away  thef 
from  Mahn  that  was  sheriff  by  siK'h  a  «~ 
and  he  l4  not  so,  then  the  laturruatiofi 
taken. 

L,  C.  X  There  is  no  such  thing*  \ 
sheriff  by  such  a  isharter* 

Mr.  tovdl.  My  lord,   we  do  i 
justify- 


wlock  they  proceeded 

Mj  Isf^,  tBeoiotrO' 

whM  m   the    rifht    and 

ile^iidmp^ ; 

icfife    in    tills 

then  in  force, 

ike  old  cbaiter  to 

their  mayor,  to 

lll«  oM  mmfot  to  swear  him, 

the  rc»cr  must  be  reg^ular,  if  so 

'  ler  was  still  in 

rirtss  the  other 

iwful,  if  that  be 

pT  but  what  is 

H re,  and  according 

tjffe^ce,  no  violence 

■'  '  '  '  "*^y  ot* these 

,ik  of  the 

.,  ......,c3  mayor^ 

'  which  in  ekciioLs 
it   there  are  but  or- 
^HeooiidiBgn  rnrh  ha  are  usual  In  thingps 
pi  ttlHirv^  1  KtifH.-  it  will  not  be  construed 
i  i%oi  (♦r  breach  of  the  peace,   or  of- 
^i»       \\\  lortl,  the  tjUestions  that  will 
~  mmtion,  are  those  that  1 

if  so  be  this  mace  was 
^^      tricnihev  huf  iner  laid  it  in 
i%li;it  we  did  take  away  froiii 
a  mace  that  bel ousted  to 
lit'  his  office  J  if  he  were  not 
arc  quite  out  in   their  infor- 
(nmld  not  be  shei-iff  by  the 
w  ill  be  prt tty  plain  ;    fur  the 
*a\  vva«  Kurrendcred.      That 
*fntrbv  the  new,  is  as  plain, 
.lued  nhcnff  in  it.     But  if  he 
th**  n*'w  charter,  yet  at  this 
nly  of  sheriff,  for  he 
tit.^  ojfioe  by  the  new 
'».     And  there  is  an 
tther  the  sheriff,  nor 
'"  ''  h»m  their titCcc, 
Now  all  that 
:»ber,  of  \^|jicii 
•^   Ik* fore  these 
id  tlir  oath  was 
*yor,  ami  where  the 
'  *     Hut  tlu'v  wi:re 
r  ne^^ 
'vhort 
tHiunciUchara- 
Ti  thf  old  char* 
■  «tion, 
I    by 
U  J  or  the 


L.  C.  J.  Ay,  but  let  bim  come  here  first, 
answer  the  ohjectjon. 

Mr.  PoZ/rx/^n.  My  lord,  it  is  expressly 
in  the  begfinuing  of  the  Lnloimationt  that  ^ 
was  mayor,  and  that  be  liad  summoned  ai) 
scmbly  to  choose  a  mayor,  according^  t*i 
charter  granted  by  this  kintf  ;  that  tlie 
ants  did  disturb  tbat  meeting*,  and  thai, 
lion  ;  and  that  they  did  take  away 
beinR;  the  en&ign  of  office,  to  the  said  ^^^ 
of  the  county  aforesaid  bflonq'ing,  froiia~4 
.lohn  Malin, "being  then  one  of  the  sheriflii 
the  county  of  the  lown  of  Noiiing^hatn 

L.  C,  i.  All  thnt  is  true 

Mr,  PaUfxfcn.  Then  they  must  make  it 
be  ly  one  or  the  other  charter.  We  say 
vr^9  not  by  the  new  ^  they  dcoy  the  old  Id. 
in  beinr;^,  anrl  ispcdk  only  of  t)ic  new, 

X,  C  X  Ay,  but  1  would  fam  know  of 
whether  he  was  sheriff  or  not  shenff. 

Mr,  Poller,  I  think  they  Uiat  will  chargti 
mUi  an  otitncc,  ought  to  tnak&  out  thai 


Vj       STATE  TRIALS.  S6  Charles  II.  l684.-HniiI  others,  fcr  a  Riai. 


L  C  J.  Tb«-y  say  he  u  sheriff,  and  you  say 
lliiikmff  ^-ourselves. 
Ir.  PoiUif'en.  That  cannot  consist  with  this 
|0Uir  quesdon,  as  I  conceive. 

LCi.  Why  now  then  let  us  come  yet  a 
Mi  farther ;  it  is  said,  that  such  a  one  bcinjur 
WfLnA  to  he  w-as,  take  it  which  way  you 
I  «;  far  if  the  new  charter  have  no  effect  till 
faiHraiderot'the  old  be  enrolled,  then  Wild 
itijur  by  the  old  charter ;  and  if  he  was 
Wmtf  It  wu  eDough :  and  then  he  uvus  met 
MNBS  new  mayor  by  virtue  tif  the  second 
Aliv;  it  is  tme  it  is  so  said,  though  perhaps 
Wribf  to  strictness,  it  could  not  take  effect 
\  Jfefaicirolliiient  uft*  the  surrender ;  vet  what 
faiillB  lliis  ofTeace  ?  I  would  fain  Iknow  of 
Ji^  ii  it  oot  true  in  fact,  that  he  was  then 
W^,9bA  met  in  an  assembly  for  tlie  election 
lilinr  mayor? 

Jk.  PoiUifcn.  It  is  tme ;  but  that  we  con- 
MwiB  ootiiuppOrt  this  information. 

LC.  J.  Then  1  desire  to  know,  how  comes 
&  8Mbe«'erdI,  and  these  sort  of  people  co 
■rile  in  i:? 

lk.folleifcn.  I  fit  be  insisted  upon  that  he 
iBHVwl^-  the  old  charter,  then  we  hope  we 
Ik  fane  aotbiDg  but  what  by  the  old  charter 
mwnjatafy. 

Lis.  frhat  had  Mr.  SacbeTercll,  Mr. 
UyMi,and  01 V  parson  Wilson  to  do  there .^ 

VLhUyffii.  By  the  old  charter  Mr.  ISa- 
AnaD  n  1  bui^css. 
^C.  /.  if  he  were,  was  he  capable  of 

Jh.  Mufcii.    IIo  miifht  be  present  at  an 
■^^■4  was  concerned  as  a  buri^css. 
'^LClBat  could  he  meddle  vi ith  the  elec- 
^/ 

Jk.Pdk2f(n.   Then,  good  my  lord,  what 

LC].  Wonderfully  done!  those  thin g^s 
-^Oi  never  answer :  in  London,  for  the  pur- 

Ul^  it  VIS  not  an  offence  fur  any  freeman 
■pant  at  the  election  of  the  mayor  ;  but 
'i^iMneluffrLcmcn  comethut  arc  not  livery- 
ttd  ran  themselves  into  the  business  to 
raioei,  anil  «rivc  direction  about  that  they 
Mkio?  to  do  with,  and  cry  out,  pray 
pttebools,  and  pray,  good  Sir,  deliver  tiie 
t;  then  tJiev  hail  concerned  themselves 
witli  an  authority  to  which  they 
IM  pretence,  which  is  an  offence  ;  and  if 
IVftU  busy  themselves  in  that  which  does 
I  tliem,  they  must  suffer  for  it.    Mr. 
ill,  and  the  rest,  were  as  capable  of 
advice  about  an  election,  seven 
!  as  now ;  what  reason  had  they 
^li  oome  and   make  this  hubbub.^    But 
I  will  shew  themselves  such  wonder* 
before  then:  advice  is  asked  or 

Xok//.  Will  your  lordaUip  please  to 
li  Me  word — 
iBmefaii.  Prithee  give  me  leave :  my 
•  jMi  see  how  the  fact  does  appear 
•ridmee,  I  aupposii  we  shall  uot  be 
d^«f  mny  4imder. 


[70 


X.  C.  J.  It  doth  appear  very  plain;  man,  it 
has  been  very  fully  sworn  ;  it  has  indeed. 

Mr.  Pol  lex/en.  "We  hope  to  satisfy  you 
otherwise  by  our  evidence,  as  to  the  fact. 

Mr.  Lovell.  Your  lordship  is  pleased  to  ob- 
ject that  upon  us,  which  doth  lie  upon  us,  and 
requires  an  answer 

L.  C.  J.  It  does  indeed. 

Mr.  LufvelL  As  to  Maliu*s  being  sheriff.  But 
my  lord,  I  conceive  he  was  not  slieriff;  for 
if  the  old  charter  was  in  force,  tlien  he  was  not 
sheriff:  for  there  was  a  new  sheriff  chosen 
and  sworn,  before  the  mace  was  required  of 
him :  if  the  new  charter  were  in  force  then  he 
was  not  sheriff;  for  he  was  uot  named  sheriff 
in  it. 

L,  C.  J.  Who  chose  the  new  sheriff? 

Mr.  LoTcU.  He  was  not  chosen  by  any 
body,  he  was  named  in  the  charter. 

L,  C.  J.  Malin  was  sheriff  before  that  time, 
and  was  indeed  sheriff  till  a  new  one  was  chosen 
in  his  place  ;  and  therefore  the  detaining  the 
Mace  was  unlawful,  that  is  our  opinion  ;  and  if 
your  opinion  be  otherwise,  it  is  as  idle  as  the 
opinion  of  the  new  charter. 

Mr.  Holt.  Will  your  lordship  please  to  spare 
me  a  word  for  the  defendants  ?  My  lord,  the 
information  doth  consist  of  two  matters ;  the 
first  is,-  the  disturbing  the  election  that  was 
appointed  by  the  mayor,  by  virtue  of  the  new 
charter ;  the  next  is,  the  taking  away  the 
mace,  b<nng  the  ensign  ot  ollice  of  Malin  the 
sheriff.  Now,  with  submission,  my  lord,  I 
think  they  have  failed  in  the  first  part  of  the 
information ;  for  thev  have  laid  it  special,  that 
Wild  beinsT  mayor,  lie  had  at  that  time,  when 
these  defendants  did  thus  assemble  themselves^ 
appointed  an  election  by  virtue  of  tho  letters  pa- 
tents of  this  king ;  and  after  he  had  so  appointed 
it,  these  defendants  did  assemble  themselves 
in  disturbance  of  that  election,  and  after  pro- 
clamation made,  continued  their  disturbance* 
Now  if  this  Genas  Wild  had  no  authority  to 
make  or  appoint  this  clecrtion  by  virtue  of  any 
charter,  then  had  he  no  anihority  to  make  thts 
proclamation ;  and  these  defcnJants  are  not 
guilty  of  this  int4)nnation,  supposing*  what  they 
did  was  not  ju&tiliuble  in  the  main,  yet  as  here 
laid,  tbey  are  not  guilty  ;  for  it  is  not,  nor  can 
be  to  the  disturbance  of  the  election,  or  con- 
tempt of  his  authority. 

L.  C.  J.  Come,  tliat  has  been  snid,  and  an 
swcredover  and  over  again.      Call  your  wit- 
nesses. 

Mr.  Holt.  As  to  this  business  of  Malin,  and 
tlie  mace,  we  did  say  it  did  not  biflonjLfto  him  ; 
and  it  is  an  usurpation  upon  tlie  king,  Avithout 
authority  by  any  charter  or  grant,  and  a  no- 
velty. No  man  can  have  any  i-'l-Iiju  of  au- 
thority, but  by  tyrant  from  the  king. 

L.'C.  J.  *  What  is  thatto  ymi*  Why  did 
you  take  it  away  ?  What  authority  had  you 
ibrthat? 

Mr.  Holt.  This  is  laid  to  be  an  affront  to  the 
king's  authority,  and  it  was  uot,  for  the  very 
mace  was  an  usurpation. 

L.  C-  J*  Ue  was  in  possession  of  it,  and  that 


L,  C.  J.  Pray  ffo  on  to  your  witnesses,  and 
do  not  spend  our  time  in  vuch  trivial  stuff ;  tor 
this  is  ail  stuH',  mere  stuff. 

Mr.  Holt,  My  lord,  we  \rould  make  out  our 
deicucc 

L.  C  J.  Do  so  if  you  can,  call  your  wit- 
nesses ;  ue  must  noi  give  liberty  to  e^cry  one 
of  the  counsel  to  ni.'ike  speeches  of  the  same 
thin^f,  over  and  over  ng^oin,  and  all  to  no 
puKiiosc. 

Mr.  Holt,  This  mace  did  not  belong  to 
Malin. 

L.  C.  J*  Yiovf  do  you  know  that  ?  Can  you 
tell  wliithcr  the  king*  had  not  gi^cu  them  ouch 
power  ? 

Mr.  Uott,  It  was  never  given  by  tlieking. 

X.  C.  /.  Docs  the  king  qut-stiuii*  them  for  ii  ? 

Mr.  Holt.  We  will  prove  it  uii  usurpation, 
«nd  can  sliew  the  time  when  it  was  first 
usurped. 

L,  C.  J,  This  way  of  lu'huviour  by  riots, 
looks  more  like  the  times  of  usur[mlion,  when 
nbliles  meet  to  meddle  with  t;'overnment. 

Mr. .  My  lord,  I  desire  to  offer  only 

one  word  that  has  not  been  yet  said. 

L.  C.  /.  No,  I  will  hear  no  more  speeches ; 
call  your  witnesses,  if  you  have  any :  sure  you 
take  yourselves  to  be  m  your  eommou-halls, 
and  council-houses,  making  sjKkiclies. 

Mr.  Hoit.  Call  Edwara  Higley  and  sir 
Thomas  Parkyns. 

Mr.  Polkxjcn,  May  we  read  the  old  charter, 
my  lord  ? 

X.  C.  J.  Av,  read  what  vou  will,  and  offer 
what  you  wilf  in  evidonce  lor  yourselves  ;  but 
let  us  not  ha^  c  9iich  docirincs  preached  omong 
us,  as  settling  govunimeuLs,  Liid  trying  rights, 
by  club-law. 

Mr.  PMxfcn.  God  f^^.rbid,  my  lord,  1  am 
sure  noliodv  here  drsiivs  nn^'  >'ucii  thing. 

Mr.  i/o/?.  S'.vcarLd^*ai(ini-;;ry.  [Which 
Was  done  J 

L.  C.  J.  WoV,  \vhat  dv  you  ask  iMs  man  ? 

Mr.  Hi)U.  [Showl'i'x  I''"-"  »'»  pap'^r-book.] 
Is  that  a  tmr  copy  of  t^c  oM  rl-.artcr  ? 

Highy,  Yes,  it* is. 

Mr.  Follcifcn.  Wc  desire  it  mn.y  be  re.id. 

J-r.  C.  J.  What  would  yon  read' it  for? 

Mr.  Folic  r/en.  By  that  it  will  ajpear  the 
election  was*  regular,  acc<»rrrmg  to  the  olri 
cltarter,  whicti  we  say  is  sllll  in  force,  and  so 
we  in  no  fault. 

X.  C.  J  Shan  we  enfa*  iiito  a  <]ueBtion  of 
that  nature  here,  which  13  in  force  ?  No,  wc 
will  not.  Why  did  yon  commit  this  riot? 
Answer  that. 

Mr.  PoUofcn.  Uy  the  old  charter,  my  lord, 
the  mayor  and  burgesses  are  to  elect. 

L.V,  J.  Ay,  Mr.  lH>ll^efi,  and  you  know 
the  old  charter  of  London,  was  to  tne  mayor, 
comiiK>Aalty,  and  citizens  of  Londota,  to  cbooie 
sMyor;  tnA  We  kiio#  Ihtt  the  imyor,  cotn- 


71]        STATE  TRIALS,  96  CHARLfei  II.  l684.— TWrf  cfl^'m.  Euclieverttt,.       f 

18  the  same  thing  as  to  you,  whether  it  be  of  monalty,  ind  citizens  of  I^idon,  haVe  1 
right  or  not?  Vou  never  pretended  to  keep  it  chosen  a  mayor  this  many  hundred  of  yen 
for  tlic  king.  We  know  very  well,  that  that  election  is  tm 

Mr.   Holt.    If  so   be  they  omong   them-    by  livery-men  :  now  yon  come  and  say,  pr 

let  us  see  how  it  is  by  the  charter ;    why 

well  may  nul  all  the  citizens  of  liondon  cm 

I  lo  be  at  the  election  of  the  lord  mayor  ?_  If  y 

I  can  shew  me  that  heretofore,  before  this  tin 

j  that  there  were  other  persons  th&t  used  to 

prese:it  at  elections,  you  say  somewhat :  boi 

you  have  only  an  ancient  right  to  be  prcse 

and  they  have  ravished  this  right  fVtmi  yc 

you  hnd\l')iic  exccoling  well  to  have  ftsserl 

your  right  In  a  lrp;al  com-<;e.   But  do  yon  IM 

you  arc  to  regain  your  rij^ht  by  club-law,  1 

throwing  up  your  hats,  and  noLve  and  rio 

^aiid  opposing  the  king's  authority  ? 

Mr.  Pollfjfen,  My  lord,  we  were  never  i 
opposiu^  the  king's  authority  ;  we  never  wi 
against  til  eking? 

Jubt.  Wit  hint.  Who  was  that  against,  I  pit 
when,  you  said,  No  new  charter,  No  new  chi 
icr  ?  VVas  not  that  against  the  king  ? 

Mr.  LtnclL  That  was  none  of  us  whocri 
out  so. 

X.  C.  J.  Who  knows  in  a  croud  what  pen 
in  particular  makes  a  noise,  or  docs  not  ?  Y 
w«  ni  where  you  should  not  have  been. 

Mr.  Pollexfen,  My  lord,  we  pray  the ofaaul 
made  to  tliistown,  in  the  reign  of  Henry 
which  provides,  that  the  mayor  shall  be  chpi 
by  the  onrgesscs,  and  sworn  by  the  prerodii 
mayor ;  hut  if  he  was  not  pre^nt,  ke  shoe 
b<»  sworn  \rj  the  c<>runer.  Your  lordship  0 
jects  the  <*asc  of  the  livery-men  by  the  dty 
London  ;  tiiat  is  by  virtue  of  a  narticnhir  h 
law  :  but  in  our  ca*^,  the  old  cliartcr  haW 
prescribed  this  nietiiod,  you  will  not  take  it< 
of  tliat  method,  without  their  producing  801 
by-law  for  iu 

X.  C  J.  Yes,  yes,  we  shall  go  according 
the  constant  usage  within  memory,  because  1 
will  not,  u)Mm  this  inf urination,  *try  the  rig 
one  way  or  other,  f^hew  us  I)y  the  u.«a 
that  therc  was  a  prctenrc  f'rr  suel!  (versons 
Mr.  Sa»'he>'crelU  ftnd  the  oilicn;  here,  to 
present  at  the  elections. 

Just.  WiC.ins.  In  this  ca?:^  it  shall  be  p 
Rn::.:*d  t':.r«»  wp.-;  a  by-law. 

I**;*.  J'-.iiUrfcn.  I  hope  you  will  presm 
nT,;lii;ifjlo  iral:;^  us  frtiiliy'of  a  crime  ;  th 
ought*'*  A^tyw  lh»'  by-law  if  l!jcy  have  any. 

X.  C.  J.  "1  think  we  neeil  not  trouble  ot 
stives  nlK)ui  that,  what  by-laws  have  be 
ma'fr' ;  but  we  find  these  ;7?rsons  in  possesd 
of  this  u«Kige,  and  so  they  havtibeen  for  tin 
IR  years  past. 

Mr.  Pollexfen,  My  lord,  that  will  not  tal 
them  a  title. 

X.  C.  X  We  will  not  allow  the  right  to 
tiied  upon  this  information. 

Just.  Vilthins.  Mr.  PoUexlen,  wbat  do  y 
speak  of  stvtraring  by  the  coroner  ?  That  cot 
not  be  in  this  case,  for  the  old  mayor  n 
there. 

Mr.  Mhrfin.    Not  it  <he 
Grearei. 


STATE  TRIALS,  S6  CharL«S  IT.  168^4.— wrf  tihcrsjor  a  KM.         [74 


fkracelL  MV  lord,  I  wmiW  only  ol»- 
le  iliing  ;  tb«  ciime  ch&rgf(*^  i)p»n  iiR, 
B«t  departing  after  the  prodiinrn'tfoii 
■ow  I  do  not  observe  that  ffaoy  |ivove 
Sbcbeverell  was  ever  there  a/ter  the 


7.  I  thought  indeed  you  wore  very 
I  were  so  ea«j;er  to  spt^k  ;  but  your 
lOD  is  very  much  in  the  wroricf,  lor  tlie 
NHtire  that  Mr.  Hacheverf iT  and  the 
le  ooin|mny  staid  after  ;  hut  because 
U  observe'  it  better,  call  Reynolds 
ftu  were  so  i\ill,  you  could  not  let  it 
yea  fvere  tapt.  Reynolds,  upon  your 
fyou  make  proclamation  tliat  ull  iier- 
Ivfere  not  snniinoned,  or  were  uncon- 
ilhe  ri«!ction,  should  depail? 
ddb  Yef?,  my  lord,  I  did. 
/.  Did  31  r.  iSacheverell,  and  the  rest, 
pe  aftemr&rds  ? — Reynolds.  Yes. 
hnAirpf .  My  lord,  the  mayor  I'  think 
heM  not  summons  any  one  :  tlie  in- 
■  is  laid,  that  there  was  an  assembly 
^wmed  and  called  before  him. 
1/  He  told  you  he  sent  to  Alderman 
,nl  Edire,  and  two  or  three  mure,  to 
Rj  and  bear  the  charter  read  ;  and  he 
toflBjemt  Bii^land,  and  he  was  huffish, 
llrtrffckim  uiraselt'  concerned  in  the 
hMK:  lor  it  seems  hu  was  notcontinuH 
Mhi  rf  Teoorder  by  it.  lie  tells  you 
miMvwas  read  to  them,  and  with 
Mh  liAit  read  it,  did  go  throtigh  with 
i^lrvto  mistily  interrupted  by  the 
[taviimade  by  the  defendants  and 
SPHgtti  proved  tirat  there  was  an 
■MiiBoned  before  hi;n,  sure. 
ilkttiaf.  Mr.  Stanhope,  do  not  ^'on 
Mm^  that  he  sent  to  church  to  summon 
toons  to  him,  and  the v  would  not  come 
b«MfiN'them? 

^Utrftn.  31  y  lord,  they  should  pro- 
Ikvew  ehartor,  1  humbly  conceive.' 
t/.  I  ten  you  lief  ore  hand,   we  are  n«t 
#1  validity  of   the  new   charter,   or 
L  hi  whether  you  are  j:uUty  of  u  riot. 

BpU.  Ny  loril,  if  they  were  in  po.^srssion 
linenil>y  their  new  churtrr.  tiMy  should 
hnoew  eliarter  :  we  ^!l?».!I  i.l-fW  you 
to   the  uiavor   (::i(l   biu'^fCHKCS 


fCm 


Cn  you  shew  a  rhartt-r  that  the  c!e- 
ivor,    ahlcrnien,   aud    hur- 


mk.   Kwcar  l.i'ke  Oldham     [W^^c^li 
Hl^  Look  over  that  hook,  Mr.  Oldli;mi, 

Tliii  B  a  In  10  copy  of  the  charter 
led  at  the  Tower. 
When  did  you  examine  it  ? 
*tnftot  tell  yon  the  particular  day, 

Itov  iMig  ago  is  it  that  you  eta- 


(=a twelve- month  ago. 
[liiy iwH  liith,  b it m true  copy? 


Oldham.  Y^  I  read  it  over  three  days  a^. 

Clerk  reads.  This  is  dated of 'H.  etii. 

Ju;^.  U'iUiins.  Where  would  ycu  have  i| 
read  ? 

Mr.  PoUexfen,  We  desire  he  may  read  that 
part  of  the  incorporating  the  town,  and  the  power 
ofx-hoosing  the  mayor. 

Ckrk.  Whereabouts  is  it,  Sir  ? 

Mr.  PoUexfen,  Folio  81.  [Which  trai 
read.] 

Mr.  Holt,  Call  sir  Thomas  Parkyns.  [Who 
appeared,  and  vi  as  sworn.] 

L.  C,  J.  What  do  you  ask  this  gentleman  ? 

Mr.  Holt.  Pray,  Sir,  were  you  by  in  the 
Coundl-Chamf»er  at  Nottingham  on  Slichael- 
mas-Day  was  twelve-month  ? 

Recorder,  Pray,  Sir  Thomas  Parkyns,  let 
me  ask  you  one  question  ;  have  not  you  laid 
out  any  money  in  this  cause  i* 

Sir  T,  Parkyns,  No,  8ir,  not  that  I  know  of. 

Mr.  Stanhope.  Pr?iy,  Sir,  were  vou  present  in 
the  council-chamber,  when  Bft.  Wild,  the 
mayor,  was  there;  and  did  you  sec  Mr.  Sache- 
verell,  and  Mr.  Hutchinson  come  in  ? 

Sir   T,  Parkyns,  Yes,  1  was  there. 

Mr,  S/ an  hope,  l*ray,  how  did  they  demean 
themselves  there  ? 

Sir  T.  Parkyns.  Vvry  civilly,  for  any  thing 
I  flid  perceive,  without  any  dLsturbance  to  the 
court,  or  any  body  else. 

Viv.  Staiihopf.  'Did  thcy  u»e  any  gestures^ 
or  behaviours,  to  occasion  the  nuyor  to  go 
away  ? 

Sir  T.  Parkyns,  Not  as  1  know  of  at  all. 
Sir. 

Mr.  Stan hnpe.  Pray,  Sir,  will  yon  tell  all 
your  knowledge  how  the  thing  passed  ? 

Sir  T.  Parkyns.  I  understanding  there  was 
to  be  an  election  of  a  mayor  for  the  town  of 
Nottingham,  upon  l^Iichacl mas-Day,  us  has 
been  accustomed  time  out  of  mind,  a  Tcrv  long 
while,  as  I  have  been  informed,  at  the  cliurch, 
1  was  there,  and  went  to  the  usual  place  in  the 
chancel,  and  there  we  staid  iome  tin:.-*  till  at'ttv 
prayer ;  and  alW  praver  there  was  notice  of  a 
new  charter  coming,  hut  then  !  believe  it  was 
not  come  ;  but,  as  they  were  called,  the  old 
charter-men,  alderman  Greaves,  and  the  re- 
corder, Kerj(»ant  Bigland,  and  alderman  Edgi», 
and  sev.'Tal  others,  forty,  I  beiicvi;  1  could  name^ 
did  s<  nd  to  I\Ir.  Wild,  the  mayor  that  then  was, 
and  Mr.  Rippon,  and  rtthers,  who  were  then  at 
the  town -hull,  and  desired  them  to  come  up 
to  the  chuncel,  a.s  I  am  informed,  in  ordiT  to  an 
election  of  a  new  mayor  :  but  thoy  did  not  come, 
but,  as  I  heard,  they  Kent  word  back  again,  to 
desini  aldernmn  Greaves,  and  the  rest,  to  come 
down  to  the  Town-hall,  which  acwnlingly 
was  done. 

Mr.  Pollcrfen,    An<l  wlnt  happened  then!' 

Sir  T.  Purkynf.  I  wasthtrr.ilong  with  them, 
and  went  into  the  Town -hall  and  so  intu  a  room 
which  1  conceive  tluy  call  th»:  council-chann- 
licr  :  and  there  upon  Sfneml  di><conr8es,  there 
w<  re  some  were  for  goin;^  to  voting  for  a  new 
mayor,  and  there  wi«rc  some  that  did  say,  they 
had  a  new  charter,  and  thev  must  have  a  to»ji: 

g 


75: 


STAR  TRIALS,  S6  Caaslbs  IL  l6S4^TrM^  Wm.  Saektwerd!, 


aciwrdn^  to  tint  nev  dttrto-;    wibereoi^a 

Bf9  «fisv<r.  1  U^ik^  nni^  io  tint :  I  ^  fsetbe 
ttiit*;^  ivry  UkJfi  wM  ti»^  i>ear  cbwr  is  a  b«z  : 
I  Uti'jk  it  WM  to,  Urt  1 4ij4  not  M^sit  cptt. 

M/.  Ccnif ,  IVs  it  wu  AM  read  while  too 
wtr*  tJ»*;re  ? 

K>  y.  Parkynt.  1  did  not  heir  a  word  of  it 
md  ;  hot  i  thuik  there  was  aldcrnian  Edzedi'i  . 
•av,  I  'i'i  DM  kaow  bow  I  a^n  to  act  bv  tue  oew 
ciutfter,  but  1  ondcntaud  what  I  h-ave  to  dv  by 
the  old  ch^rtw  fen  well,  therflcrrc:  wc  w  illfwo- 
OKd  to  the  eiectioD  of  a  &evi  mayor ;  mod  then 
upon  that  aocouot  they  did  go  to  rodog,  and 
wv^raJ  totes  there  were  for  aeveral  persons,  as 

SrticuUriv  for  Mr.  £d|^  bimseif,  and  some  ' 
r  Mr.  TiifJady,  but  the  most  for  akferman  . 
Greaves ;  abd,'  ^bco  they  did  nDderstaod, 
as  I  c^ttc^ve,  th«t  aldermaa  Greaves  had  the  \ 
majority  of  votes,  then  they  did  rise  np,  and  i 
weat  away. 

yiT.Pohifen.  Who  did?  i 

Hir  T.  Parkynt,  The  mayor,  Mr.  Wild,  and  I 
alderman  liippon. 

Mr.  Stanhope.  Pray,  Sir,  did  the  mayor  stay 
all  the  while  the  Poll  was  ? 

Sir  T.  Parkynt.  He  was  there,  I  am  sure 
while  thf7  voted  ;  that  Lam  certain  he  was  ;  I 
oaonot  say  he  was  there  all  the  time. 

Mr.  PolUrfen,  Did  he  oppose  tlie  election  ? 

Hir  T.  Parkvm.  No. 

Mr,  Pollej/en,  Was  there  any  prodamation 
made  fur  any-U>dy  to  depart? 

Sir  T.  Parkynt.  None  .that  I  heard  of. 

Mr.  Jlutt.  VVheii  the  nrw  charter  was  pro- 
durrd,  wftH  itdesireilby  any -body  there,  that 
it  nii{;ht  bi*  read  ? 

Hir  T,  Parkynt.  Yes,  Sir,  there  was  some 
thatdiMinxl  it  mi (^ht  be  read. 

Mr.  Jajv^U.  Why  wa^  it  not  read? 

Hir  T.  Parkynt.  I  cannot  tell  that  ?  but  I  did 
heortliey  should  shew  Mr.  Kdi^c  his  name  in 
the  new  charter ;  and  they  did  believe  he  was 
ontjnucd  in  hiit  place,  and  I  think  Mr.  Edg^re- 
plied  he  hail  bis  niareby  the  old  charter  during 
Lie  ;  and  by  that  charter  he  knew  how  to 
act ;  he  could  notti'U  what  he  was  in  the  new 
charter  ? 

Mr.  FarcrtclL  Pray, Sir,  did  any  of  the  old 
chartiT-men  oppose  the  reading  of  the  new- 
chartfrr  P 

Sir  7*.  Parkynt.  No,  iudeod,  Sir,  not  that  I 
know  of 

A.  C.  J.  Pray,  Sir,  let  rac  ask  vou  a  ques- 
tion or  two,  you  arc  a  burgtss  of  this  town, 
are  you  not  1* 

Sir  T.  Parkynt.  Yes,  my  lord. 

L.  ('../.  How  many  years  have  you  been  a 
buiifChH  ? 

Sir  7'.   Parkynt.  Several  years. 

L.  ( '.  J.  WfM'c  you  ever  ut  an  election  before  ? 

Sir  7'.  Patkyns.  No,  but  I  hare  been  at  se- 
veral of  their  mWtinf^s. 

L  ( '.  J.  How  came  you  to  be  there  at  this 
timn? 

Sir  7'.  Parkynt.  Upon  no  invitation  hy  uiy 
body,  but  upon  my  ownacoord. 


LCJ.  Hov< 
tiMemofelfai 

t»r  r.  Pmrkym,  Truly,  bt  lord,   I 
OBSv  er  von  to  ihaL 

L.  r.:  J.  No,  I  Wfiere  noc ;  bet  1 
ask^oaaiMhcrciKStioc:  wijoearethcu 
thai?  * 

Sir  T.  Purkyni,  Serenl  gave  their  m 

L.  C.  J.  Did  yov  give  any  voce  ? 

^ssT  T.  Parkwmt.  No,  my'  iord,  I  gi 
Tote. 

L.C.J.  What  did  yondothere? 

Sir  r.  Pwkyrj.  There  were  several 
^eatlemeo  of  the  couptf^  there  besides  i 

JL  C.  J.  A  J,  there  vrere  several  tbcf 
hadnothinetodothere^aod  which  shoi 
have  been  uere  :  did  not  yoa  hear  any  | 
m'ation  m^^de  at  all  ? 

Sir  r.  Parkyiu.  No,  my  lord,  1  did  n 

L.  C.  J.  Did  yon  hear  no  crying  out 
conacil-chasikber,  A  Greaves  Biayor,  A  G 
31avor;  No  New  Charter;  Ko  New 
ter! 

Sir  T.  Parkyns.  I  dki  not  hear  any  i 
at  all. 

JL  C,  J.  Did  yo«ihear  nothing  sakl,  Pn 
the  books,  pray  stav  the  books  ? 

Sir  r.  Parkyns.  Ko,  my  lord,  I  did  no 

L.  C.  J.  Pray,  did  you  observe  any  tl 
the  workl  aboat  'the  maoc  there  ? 

Sir  r.  Parkynt.  Yes,  I  di<l. 

L.C,J.  Pray  )etushearthal»lbrl>i 
did  not  hear  a  great  deal,  nor  any  thing  i 
that  other  peopte  heard  ;  now  let  oi  1 
you  did  sec  ? 

Sir  T.  Parkynt.  The  old  mayor  i 
with  two  of  the  maces,  I  think,  and 
lell  behind;    and  presently  after  comei 
Mr.  Malin,  and  demanded  the  other  mac 

L.C.J.  Of  whom? 

Sir  T.  Parkyns.  Indeed,  I  cannot  id 
lord. 

Justice  Wit  kins.  What  answer  was  gi 

Sir  T.  Parkynt.  There  were  several 
not  tell  the  particular  names,  that  sak 
hud  as  much  interest  in  it,  as  MaUn  : 
luace  ;  and  the  reason  was  this,  it  was  I 
by  several  contributors. 

L.  C.  J.  Who  was  that  said  so  ? 

Sir  I*.  Parkynt.  Indeed,  my  lord,  I  < 
tellparticularly. 

L.  C.J.  Alack -a- day  !  now  we  have 
all  again  ;  pray  did  not  you  see  the 
called  The  New  Charter  as  you  ezpresi 

Sir  r.  Parkynt.  No,  I  did  not  see  it 
the  box. 

L.  C.  /.  Did  you  observe  when  Mr. 
called  to  read  the  charter  ? 

Sir  T.  Parkynt.  No,  my  lord,  I  did  i 

L.  C.  J.  I  mean  when  he  spoke  to  m 
ther  Bttfland  to  read  it. 

Sir  r.  Parkynt.  My  lord,  I  was  tM 
the  beginning  to  the  end.  If  yon  please  \ 
me,  my  lord,  I  will  answer  you  to  wfai 
ask  me :  I  think  the  mayor,  Mr.  Wil 
spetk  to-seneant  BigiHMly  ead  aske 
•omethiag  or  adrioi^  MH  wliel  it  wm> 


Tl}         STATE  TRIALS,  S6Cmarlei  II.  l684.— awf  others /^  a  RioL  [78 


B*l  tHI  ;  it  WIS  wimeihtns'  cobc^nin{it  Uie  new 
»dlKB»1ilclianc(  "    bud  ail- 

fv«reii  Jhiio.  Do  \  < ,  or  us 

^i^umti^  *      '      '  itii^-  91  VM.  I  ^I'tv  MLisniinle. 
Mr.  This  geDtkmao,   my  lonf, 

Rt€9f4er.  Ditl  you  nee  any  stniggling  about 

Sir  r  Na,  T  did  ool.  Sir. 

iZff9  *  anie  Soiimer  tu  leave  the 

I   dn  not  know,  I  cannot 

Dkf  yuu  liotr  any  ttiing  said  by 

NO|  I  do  not. 
j^A.rtj.  Dill  not  he  say.  Hold  tUe 
"     books? 

N<n  I  do  nQt  remi'mbfT  it. 
Mr-  iiiiU,  Km^did  you  tftoy  us  long  as  3lr. 
thc^ci-dl  staid  f 

1\  Parkym^  1  staid  as  toug^  a9  they  all 

iiaUamay*  Didyoa  obscnre  no  noise 

ic.  No*  by  my  soiil»  not  L 

^    Thai  IS  81  range. 

Mr.  Hafr.  He  vims  not  iu  the  hall  where  the 

he  be  in  the  next  room, 

■Ah't 

f'L  /    ',    '0.  My  lord,  I  taid  1  waa  in 
e|iice  called  the  council  housa,  and  I  did 
iPtm tan  ilieir  alt  went  uut  tofi^ier. 

lUtm4tr,  <Va»  not  you  ail  the  prociamaiion 
<^tb«iBftofIacei'  ttud  wasthifreno  ibrow- 
iiyiyiar  hau? 

ivTpPnri  "^  V*><,  they  did,  vthen  Ihey 
nd  God  s-  ^^»  ihe  poople  sakl  Amen 

tiildww  ii| 

iff,  Sivmhpf^.  Fmy  did  jou  h^ar  31  r.  Sache- 
ftrvQdMtre  ihein  to  be  qiuH  and  iMjuceable? 

r.  T.  Pitrktmt^  Ytfs,  I  did  so. 
[JUCX    Diii   ynu    hear    Mr.    Sachefrerell 
I  k«»  apokr  to  th«  mayor  in  the  hall  P 
f  T*  J^arkyn^*  Nu»  1  w^s  not  iu  the  baii 

L  J.  Did  you  hear  him  U'licn  hettpokc  to 

^  '^    council  chatnlser  ? 

Not  ihflt  1  do  recnemlior. 
^^.  You  say  you   liciard  Mr. 
k  to  thtni  ID  be  quiet  and 

frkynt,  N(\  not  there,   but  it  was 

l"%  own  house, 
HoUituay.    Waa  there  any  ii[>roar 

Purkifux  S*u  my  lord,  but  I  will  tell 
yniha^  was  K  mulntude  of  peo))!*^  thcr^',  and 
i  pv9^  deal  t»r  ndild<-  Uke  to  be,  and  Mr. 
^iicWfefatid<^r«Hl  the  j«*opk'  to  ^f:^  their  bu- 
aaoK  mth  all  mod^'sty  ;  and  1  think  tbi«re 
ivnir.waaafi  gremi  a  numbvr  of  iieojdw  that 
4ft!r  earned  tlirmvelves  more  civ  illy  than  they 
M,  I  iUd  not  hear,  by  the  oath  1  ha\  c  taken, 
«%aastgry  pammate  word  or  any  thijig  ot  that 
kiad. 


Hecorder*  They  wet^  all  of  a  sidetbeiL 

]\lr.  Stanhope,  Were  you  by  when  Wf* 
Hiitcbioson  waa  sent^vith  fir,  Gri^ry  ?  What 
was  hcseoi  fur? 

^ir  1\  Parkynt.  I  can't  tcU  that,  hilt  f  did 
lieur  they  did  go. 

Mr.Shmfwpt.  Was  he  sent  to  demand,  or 
desire  tl»e  mace  ? 

8ir  T,  Farkym.  Indeed  Ican^t  tdl  how  i 
waa. 

L.  C*  X  He  can  tell  nothing  ? 

RcconUr.  I  believe  ho  was  worse  frtght* 
ed  than  alderman  Parker,  he  lia^t  forgot  all. 

Mr.   Pollejfm,     Swear  Mr,  John  Thinn;  • 
[Which  was  done.]  Pray,  Sir,  were  you  (ire* 
Kcnt  on  MicbafhnaH-duy,  at  the  election  of  th#t| 
mayor  of  Notiino'baml* 

Tkimt,  My  Ion  I,  I  hear  there  are  seireral 
gentlemen  indicted  for  a  riot  at  that  time,  I  hope 
i  &liall  receive  no  prejudice  for  giving  my  m^ 
formation  here. 

L.C.J,  What  do  you  mean,  Mr.  Thinn? 

Thinn*  BIy  lord,  I  uuder^tanil  by  some  per* 
sons,  that  there  is  tike  to  be  im  in  formation  i^ 
brought  against  me,  if   I  give  my  evidence  a 
here. 

L.  C.  J.  Prithee,  man,  we  know  nothing  at 
all  of  the  evidence  or  informatioQ  ;  if  you  will 
evidence,  you  may. 

3Ir.  PoiUjftn*  Pray,  ^r,  were  you  present 
when  thi»  matter  was  trao^ctin;;  Jn  Mivhael- 
maa-dny? 

Thinn*  I  happened  to  be  in  tbe  country  all 
that  time,  about  a  bustneas  bt'tween  Mr.  Edge 
and  myself;  we  me  oopanncr«  in  an  estate, 
and  we  were  then  upon   a  partition;    and  oq\ 
Micliaelnms-day  1  went  to  church,   and  beiiig^\ 
at  church,  and  sc^^jog  a  great  deal  of  company 
in  the  chancel,  1   went  to  sec  tljc  usual   cere-*| 
mony  of  chootiing  the  mayor,  and  so  ibrth.     I 
was  there  tlien,  and  while  1  was  there  in  the  < 
church,  I  itaid  tb<!rti  near  an  hoar,  t    believe 
after  prayer  was  done,  and  there  was  an   ex*  - 
peciation  of  the  old  mayor,  and  others,  toi 
meet  together  upon  the  ekction,  but  nobody 
came :  but  al  last  there  was  some  message 
came  dotro,  I  know  not  by  whom,   nor  from  ^ 
whom,  but  the  general  vog'uewas,  that  it  came-' 
from  I^lr.  Wild  the  old  mayor,  and  tliai  ho  had 
sent  down  to  desire  the  company  to  come  doua 
to  the  hull,  but  I  cannot  say   who  bmoghl  the-4 
message ;  and  upon  this,  all  the  com  pan  v  went  ( 
from  the  church,  up  to  the  hall,  and   1  went 
with  alderman  Edge,  who   was  the  person  I 
had  business  with  ;  we  went  through  a  great  ''• 
room,  the  town-hall,  and  then  there  is  a  little  | 
room  within,  I  think  they  call  the  couneiU 
cliamber,  and  a  great  table   within  a  rail,  asf 
this  may  be ;  and  I  remenibcr  I  sat  down  be* 
hind  the  alderman :   I  could  olifterve  nothing  ( 
heat  among  them  at  aJI,  iior  tlie  least  wt>rd 
that  1  observed,  of  jangling.     There  was  a  bo«H 
upon  the  table,  which  thiiv  said  was  the  new^ 
charier,  but  it  w^  not  read ;  but  Mr.  £dge  wAa  1 
olfered  to  read  hi<d  own  name,  to  shew  that  he  | 
had  power  to  act  in  it ;    but  he  did  not  know 
how  far  he  might  act  by  that^  aad  therefore  he 


79]       STATB  TRIALS*  36  Chablbs  II.  l68i.— TVto/  oj  Wm.  S$ckev^U, 


was  proeeediDgto  twetr  the  officer  aooordiog 
to  the  old  one. 

Mr.  Polltxftm.  Was  ibore  any  cry,  or  any 
noise  there  ? 

Tkinn.  I  do  not  know  that  I  beard  any  one 
say  any  harsh  or  ill  word ;  tbera  was  not  so 
much  as  a  shout. 

L.  C,  J.  Did  you  hear  any  hubbub,  or  tu- 

Tkinu,  No,  my  lord,  not  in  the  room  where 
we  were. 

X.  C  J.  Did  you  in  any  other  room  P 

2%imu  I  cannot  tell  that,  there  was  a  gveat 
many  people  about  the  window. 

Mr.  Holi,  Did  the  old  mayor,  Wild,  sUy 
there  white  they  elected  Mr.  Greaves? 

Thinn.  lie  staid  there  some  of  the  time. 

Mr.  Siamhepe.  Was  he  thei-e  all  the  while  ? 

Thinn.  1  camiot  say  but  that  some  of  the  al- 
dermea  staid  all  the  time,  and  some  of  them 
iTiFe  their  TOtes  for  Mr.  Greav  es.  ' 

Mr.  Lovell.  What  did  EAge  do  ? 

JTunn.  He  took  the.  poll,  and  to  the  best  of 
my  romembranoe,  alderman  Parker,  that  is 
«Be  of  the  aldbrmen  that  has  been  here,  gaFe 
his  vote  for  Mr.  Edge. 

Mr.  Loveii.  Did  the  mayor,  Wild,  stay  till 
the  poll  was  cast  up  ? 

X.  C.  J.  Poll,  we  hear  nothing  of  a  poll ; 
Who  gave  you  authority  to  poll  ? 

Mr.  Lovell.  He  that  was  in  the  new  charter 
appointed  mayor,  yet  sui<^to  see  the  election, 
and  then  went  awa^r. 

Mr.  Foliexftn.  8ir,  did  you  hear  any  pro- 
clamation made  in  the  council-chamber  ? 

Thinn.  No,  Sir ;  I  came  from  church  with 
Mr.  Edge,  and  the  rest  of  the  gentlemen. 

X.  C.  J.  Were  you  there  when  Greaves  was 
sworn  P 

Thinn.  Truly,  my  lord,  I  don't  remember 
ihat  I  was. 

X.  C.  J,  I  desire  to  know  by  what  authority 
Mr.  Edge  swore  him  :  let  him  k>ok  upon  tlie 
statute  of  Praemunire,  and  consider  wiih  him- 
self about  it  a  htUe. 

Just.  IViihins.  As  far  as  1  find,  this  gentle- 
man was  not  much  concerned,  and  did  not  mind 
what  was  done. 

ThinJi.  No  truly,  Sir,  not  I,  much. 

Mr.  Ilolt.  Did  Mr.  Sacheverell  go  with  you 
or  stay  behind. 

Thmn,  We  went  all  together. 

Mr.  Blencow,  Pray  su  ear  Mr.  Pole.  [Which 
Fas  done.] 

Mr.  Stanhope.  Pray,  8ir,  were  you  in  the 
eoupt^l-dbamber  at  Nottingham  on  Michael- 
roas-day  was  twelve-month  P  Pray  tell  us  what 
happened  there. 

roU.  I  have  lived  in  Nottingham  about  IS 
years.  I  used  to  go  and  see  tJie  uiiiyor  and 
other  ofiicirs  swufo  :  upon  this  day  1  n  as  at 
church,  and  they  went  to  prayers,  and  after 
prayers  were  coded,  1  think  there  was  Mr. 
Gregory  and  Mr.  Hutohinaon,  as  I  toke  it,  sent 
by  soittB  to  dcsicc.the  mayor,  that  was  Wikl,  to 
)  W  ichMwh,  that  they  micht  pitNMBd  to  «a 

tMSQsriiiMr  ^  ^  aU  dhiKtoi:;  bul  wbai 


answer  was  returned  I  cannot  say  : 
that,  as  I  take  it,  there  was  ddermi 
aind  alderman  Rippon  dU  come  and 
the  company,  and  said  the  mayor  dcs 
to  come  down,  lor  they  had  the  nevi 
and  he  was  to  have  their  advice  how  t 
upon  it.  While  they  sat  there,  I  wa] 
the  church  to  the  town -hall;  and  ; 
while  the  company  from  church  car 
town-hall :  when  they  were  there,  tl 
desired  serjcaut  Bigland's  advice  hov 
ceed  upon  the  new  charter ;  says  he 
desire  my  advice  as  recorder  or  as 
and  I  tlkink  as  to  that  he  gave  no  anst 
like  question  he  put  to  Mr.  Edge; 
Edge  referred  it  to  seijcaut  Bii|;land' 
and  I  think  it  was  a  very  good  one. 
while,  some  of  the  company  that  u 
the  electors  of  mayors  and  sheritFs, 
the  clothing,  cried,  let  us  go  to  the  | 
I  think  Air.  Edge  began  to  take  the 
there  was  several  that  did  vote,  but 
the  general  cry  of  those  that  were  ii 
the  new  and  to  the  old  charters.  1^ 
were  in  the  new  charter  gave  their  v 
not  for  Greaves  ;  1  do  not  remember 
did  when  the  poll  was  taking. 

X.  C.  J.  Who  directed  the  poll,  prs 

Pole.  I  tliink  it  was  some  that  wer 
old  charter;  but  I  think  it  was  the  gc 
sire  to  go  to  the  poll. 

L,C.J.  Who  took  the  poU? 

Pole,    Mr.  Edge  took  if. 

Mr.  HoU,  Did  the  old  mayor  pro 
electiou,  or  the  new  mayor,  or  uo  P 

Pole,  No,  1  do  not  *know  he  pro 
but  it  was  put  to  him. 

Mr.  Stanhope.  A\  as  he  present  at : 
tion  f^-Pole.  Vos,  he  was. 

Mr,  Stanhope.  Was  he|iresent  \iltc 
was  taken  P 

Pole.    Yes,  he  was. 

Mr.  Stanhope.  Did  he  contradict  it 

Pole.    I  cannot  say  he  did  contradi< 

X.  C.  J.  How  many  of  these  elect 
}-ou  been  at  betbre.^ 

Pole.  I  was  not  by  at  the  nominati 
I  could  not  be,  Ilot  they  excluded  all 
that  had  votes. 

X-  C  /.  How  came  you  to  be  so  I 
be  there  at  this  tiuie  ? 

Pule,  I  went  of  my  own  accord ; 
desired  by  auy  lx)dy,  any  more  now  tl 
years,  but  used  as  much  as  1  could  to  e 
to  be  at  the  swearing  of  them  ;  lor 
eluded  all  people  usually  out  of  the 
where  the  election  used  to  be,  if  they 
of  the  clothing. 

Mr.  Stanhope.  Who  gave  the  oat 
person  elected  usually  P 

Pole.  The  coroner  used  to  give  tL 
his  oath. 

Mr.  J^avell,  Who  used  to  take  tb 
other  electipus? 

Pole,  I  canout  say  who  took  it,  iis 
were  exdudod  the  obanodi ;  but  it 
reputed  that  Mr.  Edge  used  to  take  it 


STATE  TRIALS^  3G  Charles  IL  1684.— tfwef  qthenjor  a  Jlkt.         [82 
^Vlkocame  to  fclcb  \ott  from 


Blemtom. 
f 
Bok*    f  lliiflk  ildertnan  Ripjmu  and  aUter- 
wam  Pirier  dtd  desire  ihem  to  come  to  the 
\gmm4aa\h  ^m\  I  think  Malio  was  tSwrc^  bat  i 
^   CMmot  tell  ^\\%l  he  said. 
^H  Mr  B/rftCi>9L\    Wbo  was  at  church  then  ? 
^H  L.  C  J,    Prmy,  were  you  dm  red  to  come  ? 
^KP«^.    No,  1  wa»  not. 
^B  JL  C  /.    Wat  Mr,  8adieverell  ? 
^r  I^(     N*>,  !  do  noi  know  that  he  was  ? 

Mf .  Stutihajfc,  When  the^e  g-entlcmcn  came, 
did  they  beh:ive  themst^lres  civilly  f 

/>ofc.  V'e»;  I  «*w  nothing  hui  civil  hcha- 
Htm :  there  wis  a  great  concourse  f>f  people^ 
IbdifT^  most  of  the  well-wishera  to  tlie  otd 
•ftl  sew  diarter  were  there  tliat  day. 

L.  C.  J.    Can  you  say  you  did  not  hear  a 
|Rit  iltal  of  ooiiie  and  hubhuh  ? 
JMi.    I  eaODot  say  so.  tior  truly  can  I  say 

L  C.  /.    Do  you  heliere  you  did  or  noi  ? 

B^  But  I  believe  I  mit^ht  hear  aotne 
mm\  but  1  was  in  the  council -chamber ,  not 
ial^bilL 

JiflL  HUtam&f^  Was  sir  Tli  omits  Parky n& 
♦•wf— i*o/c.    Vea,  he  was. 

i.C  /.    Wis  Mr.  Thiuu  thet^  ? 

1^    Vc««   1  think  1  sat  next  lum  i^heii 

fSuftamef^m  church:  1  did  desire  to  §ee 

fhe  fr^iOBcdiii^  of  ibeday,  and  1  tlitnk  f  dined 

wHk  iha  camjiaoy,  and  went  in  with  the  first. 

LCJ*    Did  you  see  any  thing  ubont  a 

BqU.  Vfs,  I  think  1  did  nfeaomething  about 

It.C.  J*  Wby  then  prithee  tell  lue,  as  near 
at tto  caa  fiie«,  what  thee  didst  see  about 

Afe.   Whea  ibey  went  out.  Wild  and  his 

y,  themijm  was  full  of  company  ;  and, 

t,  or  wbtiever  it  was  that 

t  the  mace  behind  him  ; 

fur  the  mace,  1  think 

^ntlemen  of  the  council 

Mid  would  not  let  him 

,  who  was  that  one  gen- 

"%tiif  e,  1  believe  it  tnigbt 


ultatprit. 
tMlatakc  I 

iflt  aasoi 
^  QUI  ii  iixmi 

LC.J,    A- 

J>^  1. 
kit  rfHrJ 

t  (  jiriihec,  wilt  thou  tell  me  that 

ti,  no  «hutitm^,  nor  nnist^,  nor  hubbub  ? 
ihU*  Id  the  C'jiuitil  chamlicr,  i  am  satiiii- 
i  Mb  ta  myself,  I  heard  none  and  believe 
kj  none;  I  will  not  say  there  was  not 
Itks  ha1i»  for  I  was  not  there, 
Joti.  Hollmray.    Did  ytju  hear  any  one  cry, 

P«^  ibeve  was  at  tliat  time  a  dts* 

.^ ,.-.ijk8. 

lJL  C.  J*    Ay,  tell  mc  now  who  tliai  dispute 


amoQf  the  gownmen 


,fak,   I  1  is 

|L  C.  J.    \4iu  aay  well,  name  ma  some  of 


p0k.  V  cannot,  iiidee>d,  ray  lord,  name  any 
particula]-  person. 

Just  UoUowuy,  Did  yon  liear  Mt,  8ache- 
Tcrell  speak  any  thing  about  ihe  books? 

Pole,  I  think  I  did,  I  believe  it  was  one  uf 
the  ctothiog. 

L.  C.  J,  Prithee,  canst  thee  not  gue»  who 
that  man  of  the  clothing  waa? 

Pofr.  ff  1  do  guess,  my  lord,  I  cannot  speak 
positively. 

X,  C'/.  Prithee,  do  not  sav  so,  1  know  ihce 
canst  if  thou  wilt,  come,  recollect  thy  meraorj'. 

Pole^  My  lord,  I  would  remember  it,  and 
^X  the  person^  if  I  could,  but  i  canuoL 

I.  C,  J.  Hut  tts  near  as  thee  canst  guess,  I 
know  thee  hast  a  goo<l  gnef»  with  thee. 

Pole.    Indeed,  my  lord,  I  cannot. 

Mr.  Powit,  Did  you  observe  that  he  did  any 
ways  concern  himself  about  the  election,  3Ir* 
Hacheveivll  I  mean  7 

L.  C.  J.  What  did  he  do  there,  Mr*  I*owi«  ? 
he  WBS  present  there. 

Rti£ord£r,  Was  not  he  the  head  of  the  oW' 
charter  parly  ? 

Pole,  The  oh!  charter  people  t(wk  it  that  the 
surrender  had  t>een  6urre[Kitiously  obtained,  and 
1  think  he  might  say  they  had  a  good  right  to 
insist  upon  the  old  charter. 

L,  C.  X  Who  said  so  ?  Mr.  SacheTCrell  ? 

Pole,  i  believe  J  did  hear  hiua  say  soraeihing 
to  that  purposf,  b(Tt  I  cannot  positively  say 
what ;  1  dare  not  undertake  to  say  what  par* 
ticular  persons  f^pokc  that  day. 

RecortUr,  Was  not  hrfor  reading  of  the  new 
charter,  upon  your  oath  ? 

Pole,  I  cannot  tell  whether  he  was  or  no. 

Recorder.  Did  he  not  bid  the  people  be 
quiet? 

Pole.  I  cannot  say  I  heard  any  such  thing. 

Mr.  Ward,  Did  not  you  hear  him  say  any 
thing  to  the  mayor  when  he  came  into  the 
council -house? 

Pole.  No,  I  did  not. 

5Ir.  Ward.  Did  not  you  hear  the  Serjeant 
make  proclamation  for  all  people  to  depart  that  - 
had  no  business  there  ? — Pole.  1  did  not. 

L.  C,  X  What  say  vou,  Reynohls,  did  you 
make  proclamation  in  the  council  house  by  the 
mayor's  direction? 

Rei/noids.  Yes,  I  did. 

L.  C.  J.  And  yet  you  said  you  staid  there  all 
the  liiue. 

Mr.  Blencow.  WhcD  the  shout  was  in  the 
hall,  pray,  where  was  Mr.  Sacheverell  ? 

Pote.  He  was  in  the  council-chamber  :  tha 
occasion  of  ihe  shout  to  be  in  the  hall  was  this» 
when  the  poll  was  taken,  and  the  majurity  ap* 
peared  to  be  for  Greaves,  Mr,  Kutchinsoa  wa« 
seut  to  acr|uaint  tha  mayor  with  It,  and  to  de< 
him  to  come,  and  be  prefeot  at  the  swearing  of 
him, 

X.  C.  J.  Who  sent  him  ? 

Pole.  Mr.  Uutchittson  and  they  can  till 
themselves. 

X,  C.  X  But  who  do  you  say  sent  him  ? 

PoU*  1  ctii*t  tell  particulany,  they  caa  beel 
tdl. 

G 


83]       STA'IS  TIUALS,  36  Cuablss  H.  iSSi^TUU  of  Wm,  tMunrM, 


L,  C.  /.  But  who  told  yoa  so  ?  or  did  way 
body  tell  Tou  so? 

.  Poie,  I  was  told  so  by  sereral  persons  that 
fi'(ere  sent 

I.  C.  J.  Prithee,  who  told  thee  ? 

Pole,  I  believe  I  may  have  heard  it  from 
hiimelf,  that  he  was  sent. 

X.  C.  J.  Who  did  he  tdl  you  sent  him  ? 

Fote.  He  did  not  tell  me  who  particiilarly. 

Mr.  Fareu'cU,  My  lord,  I  desire  to  ask  Eepr- 
nolds  this  question  ;  Who  was  there  besides 
that  heard  you  nmke  the  prodamatiou  ? 

tUynoldt.  The  mayor  was  there. 

Just.  Hollanay.  They  made  such  a  noise, 
that  perhaps  e?ery  body  could  not  hear  it. 

Mr.  Pollexfen,  Pray  swear  Mr.  Slater. 
[Which  was  done.] 

Mr.  Holt,  Were  you  in  the  council-cham- 
ber on  Bf  ichaelmas-day  was  twelTemonth  in 
Nottingham  P 

Slater.  Yes,  1  was. 

Mr.  Holt,  Pray,  give  me  an  account  of 
.  \f  bat,  passed  there,  and  what  you  observed. 

Slater,  I  was  at  St.  Mary's  Church  with  them, 
and  came  down  from  the  cb  urch  with  them  to  the 
council- house ;  and  when  they  came,  they  went 
in(o  the  council-house  to  the  mayor  that  was 
then,  alderman  Wild,  and  there  they  went  and 
staid  some  small  time :  and  then  the  mayor  and 
aldermen  came  out,  and  came  to  the  common- 
ly and  staid  a  pretty  considerable  time ;  and 
wsa  came  Mr.  Hutchinson  and  Mr.  Gregory 
to  his  worship,  aqd  told  him,  and  it  please  your 
f^orahip,  the  council  desires  yon  to  come  and 
hear  Mr.  Greaves  sworn  mayor;  and  at  that 
word,  the  mayor  replied  to  them,  that  he  would 
oome  to  them  presently,  if  they  should  have 
done  there :  so  presently  after  some  cried  out 
A  Greaves  mayor,  a  Greaves  mayor ;  and  al- 
derman Rippon  and  others  bid  them  hold  their 
tongues,  or  it  should  be  worse  for  them ;  but  still 
they  cried,  A  Greaves,  a  Groaves. 

i.  C.  J.  Where  was  that? 

SliUer,  In  th^  common-hall. 

Mr.  Pollexfen,  What  the  bnrgesscs  cryed 
out  so,  did  they  ? 

^ater.  The  people  in  the  hall. 
.  Recorder,  Was  not  you  one  of  the  shoutcrs? 

Slater.  No,  I  did  not  shout. 

L.  C.  J.  Were  you  one  of  the  clothinsr,  une 
of  the  council  of  the  town  ? 

Slater,  No,  my  lord,  I  was  not. 
.  £.  C.  J.  What  business  had  you  there  ? 

Slater.  I  went  to  see,  as  others  did. 

Just.  WUkint.  What  trade  are  you? 

Stater.   1  am  a  taylor. 

Just  Wit  hint.  Do  you  use  to  go  to  church  ? 

Slater,  Yes,  Sir. 

L,  C,  J,  You  say  the  people  did  shout,  A 
Greaves  mayor;  did  vou  hear  them  among 
that  shout,  cry.  No  New  Charter,  No  New 
Charter? 

Slater,  I  cannot  say  any  thing  of  that. 

L.  C.  J.  Canst  thee  say  thou  didst  not  hear 
any  such  shout  ? 

Slater.  For  my  part,  I  can  safelv  say  I 
heard  nothing  of  it.     Then  I  see  aldemuui 


Wild  take  a  book  in  his  hand,  as  to  tak 
oath,  and  then  there  was  a  shout,  A  Gra 
mayor ;  and  alderman  Paiker  went  oflTi 
the  bench,  and  saidi  A  Riot,  a  Riot. 
'  Mr,  PoUejtfen.  Swetr  Ro^rRyley.  [W 
was  done.] 

Mr.  Holt.  Pray,  were  vou  at  the  electii 
a  new  qiayor  at  Mich|UMmas-day  was  tv 
month  ? 

<Ry'^«  I  was  at  the  first  nomination,  in 
was  the  14th  of  August 
Mr.  Holt.  Who  was  named  then  ? 
Hi/ley.  Mr.  Greaves. 
Mr.  Holt,  Is  thet  the  custom  of  the  tm 
nominate  him  before  ? 
R^Im,  Yes,  it  is. 

Mr.  HolL  Were  yon  there  on  Michael 
dey? 

Hyley,  Upon  Michaelmas-day  I  wasi 
nioued  in  upoa  the  clothing,  and  then 
new  mayor  went  to  the  old  mayor,*  and  «i 
there  a  long  time  to  go  with  him  to  | 
church;  at  last  theoU  mayor  would  n 
but  staid  waiting  for  «  new  charter ;  a 
went  to  church  and  heard  the  prayen 
^m  the  church  we  went  to  the  ball  aoooi 
to  custom;  and  there  was  the  new  n 
there,  Mr.  Greaves,  and  he  was  sworn  n 
there. 

L,  C.J.  Who  swore  him? 
Rylof,  Alderman  Edge. 
L.  C.  J,    Did  you  ever  know  him  sir 
mi^or  before  P 

Just.  Hollomay,  Did  you  ever  knc 
inayor  sworn  betorein  the  absence  of  tb 
mayor? 

hyley,  1  have  known  many,  I  have  hei 
the  council  these  c^liteen  years. 

L,  C.  J,    You  say  you  he^e  been  o 
council  these  eighteen  years  ? 
^y^fy-  Yes,  I  have  so.  Sir- 
L,  C,  J,    And  have  you  been  present 
tlic  new  mayor  has  been  sworn  ? 
Ryley,  Yes,!  have. 
L,  C.  J.   And  do  you.  know  that  the 
mayor  was.  sworn  when, the  old  mayoi 
i  not  there? 

Kyley.    I  have  known  many  sworn,  I 

but  I  caun(»t  tell  whether  .1  ever  knew  bu 

the  neiv  niavor  was  sworn  before  the  old  no 

L.V.  J.  I'hcn  when  Edge  gave  Greav^ 

oath,  %«-as  tht:  old  mayor  there  '^ 

Ryley,  He  was  iu  tlie  room  when  h< 
chosen. 

L.  C.  J,  Was  he  there  when  he  was  s 
or  when  he  was  going  to  be  sBom  ? 

Rylcy,  They  would  not  abide  tlie  plao 
went  awav. 

L.  C,  J.    But,  prithee  friend,  don't 
thou  art  upou  thy  oath ;  was  Wild,  th 
inayor  there,  when  they  gave  Greave 
oath? 

Ryley.  I  douH  know  exactly  the  nai 
when  he  went  away,  but  he  was  there, 
thev  voted  him. 

L  C.  J.  Thou  art  a  prevancsting  shi 
fellow. 


m 


STATE  THfAIA  36CiiAliLBS  IK  iSs^.^and  others,  far  a  liiof,         [88 


■M^  fli^seiribr  til  fU«»  tii^ci  tnil  couatry. 
li.  C  /.  *8|Mftk  l)i0  nutlii  ntaiit  Aot^  nrn^f  er 

i^»  vvtiB^i  *l>*t  ^^  tit  tri^tit  11  wa^^  I  donH 

L  C  i     H'li  lie  IhCTT  fHicn  Greav«  was 

%%.  I  cma^t  Ids  tiiAl,  if  it  fXea&e  y6%k\'  bo- 

Vr   FkiwmeU^   My  Um)^  I  deiti^to  aslc  tiirn 

Bat  Hm  SHdi  wmiH  Answer  ft  (lues- 

«!.  jfaUtewy.    t  Mb  stiks 

ymy  e»fM'i€%n^  lis. 

*    Ftrrr^ft.    BIj  Jui^j,  1  tlt^iic  to  ask  bbu 
p«  the  lM*ttavt«tir  of  the  cotupany  atl  the 

inj  iv«rc  there  in  thi^  cQuncU- house  ;  wis 

ay  tomrtisDce  Uirre  f 


LCJ   I  Bile  jfnu  ngoi 

I  nmir? — R^/rv.   I  he«4n1  i>oci«. 


ic  y^no  ngain.  was  thcn^  no  pro* 


b.  FarvMr/i.   Dtd~yo*ii  tJike  notice  of  Hey- 

ild^.    If#  iAii^ltt    le  Uiere,   for  oufbt  I 

ttr.  Tmrmtiln     Do    y«ti  ItcKeve  he  could 
■lift t  ^nidHMisoiLf  ft0<J  you  not  hear  it  i* 
%l|.  9i»  I  item*!  IffKtw  hr»w  he  shouM, 
■E  iWUiw.     Call  ThoiTiHii  .^luxio^v  mt\ 

^m^W^m.  l|Areyotiiiiiyniot« witnesses, 

Vf .  fi4i^ai     U>  l^iftVc  iiiniis  tny  1oni|  if 

IJML   W«r«  ym  of  a 

'  V^tf  A»  inwn  fC  Nottttighaiiii  MidiHf  Itnfts- 
"  ri»i  U<lvi«-  mr»Trth  ? 

Iliiin.    1  1^  chureh«  a<»  the  cus- 

^Wl  lAfcf    ,  I'  cx;>€)cl«tl  to  go  to 

iC  J.  Ay,  |irith4*e  ftpi^al:  otit  «s  if  thou  wast 
I ;  ycrti  woahj  Utii'e  shouted  thcn^  f 

WImo  ^e  wrr*  al  O'^  -'Unt*  h,  vre 

s^  <»yectiiig  to  have  and 

if  llic   ootiUMnV.   f>  the 

;  lA  t  1  cu!5toni. 

;  &lr.  Y«U1la^  >4  the  4^leetion 

-diay  VjUb  t  tih  j  pray 

I  hav  tSKRir*  wr*"  »••'  f 

kdUr      1        T  ad  It  came  to 


;rd  the  Section  P 
Tna«'tK|i»estJoii^ 


.Jii^      It  . 

»et 

J  iPi^     -  !  .  1  ii  »ot«  there, 

„ I;   Dt  you  kooir  auy  thing  of  this 

I  Inmw  liirfv  WM  ft  (air  election 

JKmiAm.  Wa«  fct  ixicfiMe and  qma? 
ifA».  YW,llKf»inilidtliilfitittnt'«;  at  aii 


1^1  r.  St  an  hope.  Was  there  no  »houtinj;  ? 

Mntkm.  N<>  shootluj^  that  1  hcnnl 

Mr.  Halt.    You  were  in  the  vmcv  room, 
wepetiot  jon? 

Musloti ,  I  was  in  the  coiincH-houiie, 

Mr.  lloU.  Were  yoti  k^ot  in  the  hall? 

Miixl*mf,  I  wuB  in  the  IiaH,  ak  ive  MtiitouL 

X.  C.  J.  Dill  you  hear  nothing^  ofiTjing  out, 
A  Greaves,  a  Greavci?  * 

AfuTiow.  N*v  I  can't  remember  that, 

L.  C.  J.  Wtre  you  iheni?  wben  Great cs  wa»l 
sworn  ?  J 

Muxtow,     Yes,    f    was,    wlien    AWertnaOj 
Greares  was  sworn. 

£-  C  J.  Was  you  there  when  the  maee  wai  ^ 
taken  away  ? 

Muxlow.  ^fo,  my  lord,  1  wtts  not. 

1"  C,  J.  Who  swore  the  mayor  ? 

Jlfwjr/wr,  One  ofthecoroiic  1*13, 

X.  C,  X  Was  the  oUI  mayor  there  when  ih*  \ 
new  mayor  was  sworn  T 

Mnxlom.  I  can't  tell  dint. 

JoBt.  Withtm,   None  of  them  can  tellthaCiJ 
or  will  tetl  it. 

3Ir.  PoUexftn.   Swear  Burroughs  and  Par- 
ker. '  [Which  was  done.J^ 

Mr.  Lovtil.  What  is  your  uame  ? 

IiHrroiu^K$,  Mv  name  is  Burroug-hs. 

Mr.  Lcvell.  Were  you  present  on  Michael*] 
mas'day  at  the  electiou  of  a  mayor  of  Not- 
tin«fham  ?  . 

Bnrtvughi,  I  wau  one  of  them  that  were  ftil 
thii  hu!l  ;  when  I  was  in  iho  hall^  there  camii  T 
a  gpeiitlenmn,  one  of  the  eotinc:)l -house,  and  ac- 
quainted Mr.  Wild,  the  present  mayor,  thalj 
the  biir^esaes  had  elected  Mr.  Greaves  mayor, . 
and  tfie  coroners  were  proceeding  to  swear  1 
him,  and  asked  him  to  come  ana  hii'nr  hitii  [ 
sworn  ;  nnd  he  said  he  could  not  come  pre- 
sentlVt  they  must  wail  a-while:  he  was  a«ke(l  j 
liow  lone,  he  lold  tliem  by  and  Uy  ;  w  ilh  that,  i 
»omeb*iffy  cried  out,  A  Ureftves,  A  GrcavcS|j 
and  there  W}\s  a  great  shout. 

L.  C.  J.  Where  was  that  shout  ? 

BuTTuughs.  lu  the  hall ;  but  then  the  gfeti- 
tlemen  were  tn  the  council-houEc. 

-Mr.  hlrncoK!.  Where  was  Mr.  SachevereUj 
then  ? 

MurroMghi.  He  was  in  the  council- house. 

L,C,J,  Well  said:  now  yoa  have  made] 
this  ltd  low  trwear  through  a   wall,   that  your  * 
other    witnesses    could    not     hear    tbrouf^h. 
Prithee,   friend,  were  not  tbou  one  of  thai 
clotliin^  ? 

Burfovgh*,  No,  my  lord,  but  I  was  a  bur- J 
gpeia. 

X.  C.  J,  What  did  you  do  there  ? 

Burroughs.  There  were  other  burgesses  ttOt  j 
of  the  dothiug  betsides  nie.  ^  J 

Mr,  Holt.  Come  then,  our  next  witoefts  it] 
John  Parker, 

£.  C,  J.  Reynolds,  did  you  see  this  felltyw] 
there,  was  he  one  of  tlje  shouters  ?  I 

JUynoldi,  Yes,  and  he  dmi^  up  hi«  hat  ibuftt  1 

L.Cr  J.  Were  you  one  of  the  shouteis  ? 

BurrmteJu.  I  cannot  my  I  did  not  shout. 

X.  C.  X  Old  you  fiing^  up  your  bat  ? 


87}        STATE  TRIALS,  S6  Chabibs  II.  1684.— Tria/  &f  Wm.  SadmertU, 

Burrougha.  No,  I  did  not. 

L.  C.J.  Did  you  do  it  over  vonr  bead  ? 

Burroughs.  It  may  be  I  niigBt. 

Just.  HoUoway.  Tf  ere  you  by ,  when  Greaves 
was  sH'orn  mayor  P 

Burroughs.  No,  I  was  not, 

BIr.  Holf.  Well,  what  say  you  to  this  matter, 
Parker? 

Parker.  Gcmg  by  the  street,  I  met  ibe  new 
charter  coming  down,  Reynolds  brought  it ; 
so  I  turned  bade  SLgsim  to  the  mayor,  and  after 
he  had  received  it,  pray,  says  he,  go  up  and 
tell  Mr.  Sacheverell,  and  some  of  them,  that 
thev  win  come  np  to  the  church,  and  if  they 
will  but  stav  there  a- while,  we  will  come  to 
them :  so  I,  and  another,  and  two  or  three 
more,  went  up  to  the  church,  and  told  them 
the  mayor  would  come  and  wait  upon  them, 
and  bniig  the  new  charter  ;  upon  that  Mr. 
Sacheverell  looked  upon  his  watcb,  and  staid  a 
considerable  while,  and  lookcxl  again  upon 
his  watcb,  and  I  heard  him  say  he  had  staid 
above  an  liour,  and  presentlv  a  message  came 
from  the  mayor,  desiriug  them  to  come  down 
to  the  Towu-hallto  wait  upon  the  mayor. 

Mr.  Stanhope.  Who  did  the  messenger  direct 
his  8j»ceeli  to  ? 

Parktr.  I  suppose  it  might  be  to  alderman 
Kdge  and  scgcaut  Bigland.  Says  Mr.  Sache- 
verell, we  will  ffo  down,  and  see  what  they 
;uiy  to  us  :  so  tfiey  went  down,  and  we  went 
with  them  ;  they  got  many  of  them  into  the 
council-house,  but  [  could  not ;  so  I  stood  in 
the  hail,  and  waited  all  the  while  the  gentle- 
men were  in  the  council- house  ;  then  there 
came  out  alderman  Hijppon,the  mayor,  and  Bflr. 
Mulin,  and  by  and  by  ailer  them,  alderman 
Parker,  out  of  the  council- bouse,  and  sat  down 
upon  the  bench  ;  Mr.  Malin  had  not  his  mace, 
and  he  was  ankcd  where  it  was,  and  they  said 
they  had  it  in  the  council- house:  so,  said  they, 
you  had  best  have  u  care  of  your  sUilf ;  no, 
said  he,  before  they  take  my  staff,  I  will 
break  it  over  tlieir  pales  ;  and  by  and  by  they 
proceeded  to  swear  Wild  mayor,  aud  they  uerc 
about  to  give  him  some  of  the  oaths,  I  suppose 
of  allegiance  and  supreinacy  j  but  before  he 
said  any  thing,  tliciv  came  two  of  the  council- 
house,  and  iold  him,  they  had  elected  JTr. 
Greaves  mayor,  :md  desired  the  mayor,  and 
the  rest,  that  they  would  please  to  coino  and 
hear  thim  swear  the  mayor  ;  he  said,  he  could 
not  come  ;  but  come,  coinc,  says  he,  we  will 
go  o;j,  jin-1  upon  this  they  proceeded  to  give 
Mr.  A. Merman  Wild  the  oath,  and  when  they 
had  gone  half  way  in  tlic-  onlli,  somebcMly 
came  and  iTic<l  out,  they  woi*e  sweating  Mr. 
Givaves  mayor,  and  upon  that  both  parties 
gave  a  shout,  and  one  cried,  A  Greaves  !  A 
Greaves !  and anotlicr  nicd,  A  Wi'ul !  A  Wild ! 
And  upon  this,  alderma:i  Nippon  had  the  new 
charter  hy  him,  ami  he  took  it  out ;  look  you, 
said  he,  we  do  nothing  hut  by  authority,  we 
have  his  ma jrsi.y''i  order,  and  the  broad- seal, 
and  Uicreupon  sat  ilown  again  ;  but  somebody 
told  him  it  was  commonly  reported  they  were 
deprivetl  of  their  privileges  ;  he  said,  it  was 


not  so,  if  it  was,  he  would  forfeit  his  hi 
his  estate :  upon  that,  they  proceeded  1 
Mr.  Wild ;  the  burgesses  gave  aoothei 
but  not  so  big  as  the  other  ;  with  that  a) 
Parker  went  out,  audi  think,  cried, 
a  not.  They  sat  a  little  longer,  and 
desired  to  send  tor  alderman  Parker  a* 
said  they,  he  won't  come,  and  so  the 

Sered  a  little  upou  the  bench,  and  ^ 
own  the  street,  and  I  went  down  the  I 

them,  and  in Street- Gate,  they  i 

alderman  Parker ;  and  he  was  cominf 
hall  again,  and  he  turned  back  to  the  i 
and  1  went  to  the  council -hottse ;  but 
hear  nothing,  only  that  afVerwards 
mayor's  tht  y  called  the  gentlemen,  an 
them  according  to  the  new  charter. 

I..  C.  J.  Were  you  one  of  the  electc 

Parker.  No,  not  I ;  I  was  not  cono 
anv  side. 

Mr.  Pollexfen.  Were  any  of  the  dei 
Mr.  Sacheverell  or  Mr.  Gregory  at  th 
inginthe  hall? 

Parker.  Not  that  I  know  of. 

Mr.  Farewell.  He  says,  my  lord, 
mayor  sent  to  Mr.  Sacheverell  and 
come  from  church. 

L.  C.  J.  How  do  you  know  the  ma 
to  Mr.  Sacheverell? 

Parker.  My  loi*d,  they  directed  thei 
to  the  persons  that  were  there,  1  cann 
say  to  whom  in  particular. 

L.  C.  J.  It  has  been  sworn  they 
their  speeclito  alderman  Edge  and 
Bigland. 

Parker.  They  told  it  when  Mr.  Sai 
was  present,  and  so  he  went  down  wit! 

31r.  Pollexfen.  But  this  appears  by 
dcnce,  that  the  Old  Corporation  is  by  tm 
mayor  and  burgesses,  but  we  know  4h 
aldermen  since,  and  so  it  is  according 
as  it  is  laid  in  the  information  ;  but 
put  in  their  new  charter.  [Which  v 
and  read.] 

Mr.  Pollexfen.  Is  there  not  a  prov 
that  the  mayor  should  not  act  till  he  hi 

L.  C.  J.  Admit  it  be  so,  what  then 

Mr.  Pollexfen.  Then  it  follows  that 
be  not  guilty. 

L.C.J.  How  so? 

Mr.  Pollexfen.  It  is  plain,  my  lord, 
man  should  not  take  upon  him  the 
mayor  till  he  has  taken  the  oaths  ;  tl 
pose  they  take  it  tluit  the  old  charter 
by  this  there  is  no  new  mayor  till  ! 
tually  sworn  ;  then  all  these  things  b< 
before  lie  was  sworn,  it  cannot  be  that 
such  an  assembly  as  was  laid  in  I 
maiion. 

L.  C.  J.  You  mistake  yourselves  s 
proclamation  was  afler  the  swc^ariog. 

Mr.  rollesfvn.  No,  no,  my  lord,  ] 
mistaken  in  that. 

L.  C.  J.  Reynolds,  Was  not  the  p 
tion  madeaf^er  he  was  sworn  ? 
Retinoids.  1  cannot  tell,  my  lord. 
L.  C.  J.  M'here  b  the  mayor,  Wil 


STATE  TRIALS,  36  Charles  U.  l6Si.—aHd  otker$./of  a  Riot, 


[90 


jtm  9i«orn  befoire  you  gave 
prtK-lftmntion  to  depart  or  no  F 
certainly  tell,  but  I  lliiok  the 
^as  made  in  the  council- 
iMwasbt^yrel  wa«  sworn  ;  the  prO' 
■  mAcntmfds  was  allfer  1  was  swum, 
ln^.  Where  WHS  the  proclamation 
as  r«rorti  f->  Wild.  In  the  halL 
Dill  Mr.  SachcTcrt'U  continoe  there 

!,  wiy  loni,  this  I  think 

Icnce :  in  the  countiU 

'  the  greater  jiart 

i\   then   ihcy  uent 

^ ;  und  they  setit 

mayor,  when  h* 

-i  was  electcsil,  and  | 

111  to  swear  him,  but  he 

iras  dune,  lie  wns  not 

ipon  thiDi,  there  wss  the  siiout  of 

Greavi^  !  A  Greaves  I  All  this 

k,  U  tore  he  was  sworn* 

The  major  htiuself  says  he  was 

I  was  just  come  into  the 
;  iues9en|ter  came  in  ;  hut  I  told 
Bid  Diake  no  ucw  election  without 
K^/M«iicn  of  the  new  charter. 

i  as  to  the   htjsine&s  of 

,  itarinBtion  will  not  hohl 

,  because  then  he  wns  not  mayor. 

"  (Iocs  not  allect  the  mayor  but 

'"csnot. 

; .  mv  1^1^,  »«  this  infor- 
kid^  be  :>uys    ne  was  mayor,   nod 
wmtbly,  ami  it   wa^t  hi- Id  before 
liopT*  ^ere  done  j    but  this 
by  this  vcfy  new  ehatier 
!lure  he  can  act,  and   this 
In^^    OS  tliey  call  it,  anil 
mace   was    before  he  was 
[brmaiion  supposes  all  llie 
he  was  nmyor. 
I  think  it  does  upprar  by  Wild's 
bt  be  was  not  sw  oi  n  when  procla- 
~  io  the  I'oiincil  chamber;  nm! 
but  one  prorhunation  made 
ule  Jilicr,  and  ibat  \mi% 
siihniission,   that  doc^ 
m  wnc  in  thecouiicil-cham- 
id  not  hear  the  proclamn- 
ifbrmaxion  is  laid,  that  they 
the  proclamation ;   tht^rcfoic 
it  to  \f»ur  liuikliip  and  ti.e  j(iry. 
ell  then,  g<>ntlrnirii  of  ihcjiirVi 
»eld  |nntr»  b"t  i^'f  •[  r^ti.in  is  very 
tsan  !  by  >lr. 

Cicncnil  ,  which 

ilar  ntuue^  uvts  iiy  same  ui'  the  wit- 
'orn  to  be  present  when  the  occasion 
ariaep 

.  Pray,  Jtiy  lord,  giirc  m^  jour 
is  ooc  of  the  defeudanlK  cayy,  he 
t**  prove  be  was  not  Uier« ;  it  is 

Is,  upon  your  oatii,  ifwi  you 


Mr 


R'j/noids.  Yes.  I  did. 

Just.  Withem*  Mr.  Mayor,  did  you  see  him 
there  ? 

Wi/d.  Yes,  I  saw  him  in  the  hall. 

Just^  WtthtTU,  Was  he  busy  in  the  ball  ? 

Reynoidt.  Yes,  he  was  shaking  his  bat,  and 
sboutmg. 

L.  C.  J.  Well,  now  where  is  your  witness  ? 

Mr.  PoUesfen.  Swear  Mr.  plaits.  [Which 
^vasdonc]  *W hat  say  you,  was  3Ir,  Turpin 
there  f 

F{mtt,  He  was  iu  the  hall  that  day,  but  not 
above  a  quarter  of  an  hour, 

L.  i\  J.  You  were  thtre,  it  seemv,  pray  had 
you  a  vole  there  ? 

FiuU%.  I  went  to  speak  with  ^tr.  lurpin 

3lr.  Polk jj en,  >Vus  lie  in  the  halt  when  the 
mayor  came  into  the  hall  I* 

i'lniti.  I  never  saw  him  there  while  the 
mayor  was  there. 

Sir,  Poltexfen,  I  pray  swear  Mr*  Holt. 
[Which  was  done]  Prav  was  Mr,  Barker 
either  in  the  hall,  or  in  tbe  council-chamber 
that  day. 

Holt.  No,  I  was  at  work  with  him  that  day 
from  six  of  the  clock  in  the  morn*  oji;^  till  eight  ct 
night. 

L.C.  J.  And  he  was  not  out  all  the  time  ? 

Uok,  No,  be  was  not. 

h.  C  J.  Well,  have  you  done,  (gentlemen  ? 

Sue  ft  ever  eli.  My  lord,  here  is  Mr.  Serjeant 
Bi^land,  1  deMrtiheioay  he  examined. 

L.  CJ,  Ay,  with  alfmy  heart,  Hwearhim. 
[Which  wijs  done  J 

Mr.  PaUfrjhi.  Mr,  Serj.  Big^hmd,  I  think 
you  were  down  ut  the  elect iun  of  this  mayor 
upon  Michaelmas  was  twelve- month  ;  will  you 
be  plcu  >chI  to  tell  the  court  and  the  jury  wliat 
vias  do  lit*  ihun  :' 

8erj.  Btfiltittii.  I  will  ijive  you  as  short  an 
account  as  I  can.  I  was  in  my  house  when  the 
ma)  or  and  aldermen,  sent  to  me  to  desire  me 
to  Jive  my  attentlance  :  they  sent  the  two  she- 
rills  to  me,  and  I  did  attend,  and  staid  an  hour 
ortwo,  and  w**nt  to  church,  according  to  the 
iisiin!roMrse  ;  and  wbcji  we  had  been  there  & 
while,  alderman  Itippon  camt*  to  uie,  and  dc* 
Kired  me  that  1  wmihl  tz^t  t^nvn  with  them  to 
the  hail ;  accordingly  I  did  |^o  down,  and  there 
was  Mr.  Wild  and  several  aldermen  sat  there;  \ 
so  then  they  prorcjcdcd  to  that  that  was  done 
towards  an  election, 

Mr.  htvttf,  Piay,  Sir,  how  was  their  car- 
riagfe  during  the  linic  you  was  there  ? 

Serj.  Bi^iaud,  I  sat  then  iu  the  council- 
chamber,  1  think  I  sat  neict  the  mayor,  jinfl 
Mr.  Edj;e,  I  think,  wa^  next  to  nne,  and  I  saw 
nothing  of  disorder  ai  that  time,  that  I  took 
notice  of 

Mr.  Loveil.  Was  there  any  proclamation 
made  for  people  to  depart  f 

Nerj,  Higinnd.  Upon  the  oath  that  I  have 
taken,  t  do  not  remember  it. 

L.  C.  J.  Pray  did  the  mayor  ask  youi*  advice 
about  any  thiujSf  ? 

Serj.  Higinnd.  Yes,  ray  lonl,  be  did  ;  and  I 
fiaidto  hint,  in  what  ca(»acttyf  i^ir,  do  you  denre 


SI]        STATE  THULS,  36  Cuablbs  II.  \6^4.^W0i of  IVm 


my  counsel^  as  recorder,  or  how  F  and  m  be 
«ud  no  more  to  that :  hut  he  s*«d  lh«re  whs  u 
new  chiuter,  but  whether  he  desired  mc  to  read 
It  or  no,  1  cantiot  telL 

In.  C.  X  Was  it  opened  ? 

8erj.  Bigland,  Some  pnuiof  it  was  opened. 

L,  C,  J.  Upon  your  oath,  did  yoii  hear  Mr. 
Sacheveretl  apeak*  to  the  mayor  r 

$eij.  Bigiand.  No,  my  iofd,  I  do  not  re- 
memher  any  such  thin^. 

L,  C*  X  Pray  let  me  otk  you,  you  hafe 
beeni  before  tliis,  at  etcdiaiia  i»f  mayors  of  this 
towo? 

8er).  Bigtand.  I  wok  deputy- recorder  in  my 
lord  marquiii  ol*  Dorchester^s  time  ;  as  soon  as 
be  was  deadf  1  was  chosen  recorder^  and  then  1 
wasat  one  election  at  another  day,  when  they 
do  Qominatef  which  is  before  Michaelmas. 

Mi\  Holt^  Pray  Sir,  was  there  any  distur- 
bance f — Serj.  Bighnd.  None  that  i  saw. 

I^C.J.  Waa  ihefie  any  shouting  that  you 
li«ard? 

Setj.  Bigiand.  I  was  not  in  the  hall,  my 
lard ;  In  the  council  *ch amber  there  was  none, 

J  oat.  Holhm€y.  Did  you  hear  any  body  cry 
A  Groav^es*  A  Greavea  ? 

Sen.  Btgiand,  1  heanl  a  noise  in  the  bail, 
but  wtiat  it  was  particularly,  I  cannot  lay. 

Mr.  HqU.  How  long  did  you  stay  in  the 
eouncil-ehamber  ? 

Set}.  Bigiand,  I  believe  1  ^id  as  long  as 
moti  m  the  company  was  there. 

L.  C.  X  Did  you  stay  while  Greai^es  was 
aworn  P 

Serj.  higland*  My  lord,  1  believe  I  was 
there  Ihenr 

L.  C.  X  Pray  what  authority  had  yon  to 
iwear  Greaves  f 

8er).  Bigiand,  All  that  I  know  of  it  waa,  he 
was  iiominated  at  August  accortlingf  to  f!u<»lom. 

L.  C.  X  But  whul  occiiJ»ion  bad  you  tw  be 
present  tbtn,  and  what  authority  bad  you  to 
awear  him  ?  You  are  a  gentleman  of  the  long 
robe,  and  t.bould  have  known  bett^-r. 

Serj.  Btgiiind.  Truly%  niy  lonl,  he  was  cho- 
aen  by  those  that  had  a  right  to  choujw  in  Au- 
gust before. 

L.  C  J.  But  what  authority  had  you  to 
awear  him  ?  Why  did  aot  y^H  send  for 'some - 
i  body  out  of  the  streel  to  awear  him  ?  I  reckon 
it  to  be  worse  in  tbose  people  that  understand 
tbe  law,  than  in  others,  that  they  should  be  pre- 
saot  at  aurh  things,  and  not  advise  people  bet- 
ler  ;  here  is  aerfeaut  Bigiand  and  Mr.  £dge 
have  mighty  squeamish  stomachs  as  to  the  read 


'  intf'of  the  charter,  and  nice  questions  i  Do  vou 
aik  me  as  liecorder,or  aa  counsel  f  B«t  tHey 
would  have  done  welt  to  adviae  peapla  to  maJ- 
die  with  thdr  own  bumoess;  let  my  brother 
take  that  along  with  him. 

Mr.  Polkxftn.  Pray  awear  Mr.  Edge, 
[Which  was  done,] 

I^dge.  My  lord,  I  did  not  swear  him. 

Just.  Hollawa^.  Prav  who  took  the  poll  t 

Edgf.  1  took  the  poll. 

JuM.  Witkim*  Pray  did  you  ever  know  a 
jikiyorswora  when  the  old  laayor  was  not  by  f 


Edgt.  IdtdnHtbem  so.     Mr. 
and  the  «th«r  gentlemen  would  have  gotten  i 
to  poll  In  tbe  v«3rtrv   in  Ibe  ah*teT)^t'  Af 
may  Off  but  I  told  item  I  woi^d  not  hare  i 
such  thing  done ;    atid  whmi  the  old  may 
went  out  of  the  council- chambei%  they  wo 
have  had  me  read  the  oath.     Hatrl  I  ^  gentlef 
1  will  not  swear  him  but  in  the  nmyor^s 
sencc. 

Mr.  Ward.    Did  not  Mr   BaehevereH 
tbeni  all  the  day  ? 

Edge,  He  was  among  ns  all  the  day. 

Mr.  Ward,  Did  he  ]>ernse  the  charter  f 

Zdgr,  I  can't  tell  that 

X.  C.  X  They  that  once  heofin  first  to  I 
the  water,  seldom  catch  the  fisli. 

Mr.  Huickinmn,  My   lord*  I  desire  t 
ask  Mr.  Edge  one  question,  whether  I  wai 
sent  to  the  mayor,  and  did  not  go  myself? 

Edge.  Upon  the  best  of  my  knowledge  I  < 
not  send  you  to  the  mayor. 

L.  C-  X  I  thought,  IMr.  Hutchinwjn,  ^ 
had  been  a  man  of  greater  quality  than  to 
of  his  errands.     Have  you  douti,  geiilleaieni 

Mr,  H<iit.  Yes,  my  lord. 

L.  C.  X  Then,  gentlemen,  as  I  said^ 
an  information  against  several  jteri 
shall  have  the  nameK  of  them  deliierr^d  I 
and  it  is  for  a  hot,  an  unlawful 
Nottingham ;  and  though  there  are  ( 
that  have  been  «[ioken  of,  and  two  piteeais  j 
evidence,  yet  1  must  tell  you,  fUtitlbll 
that  does  afTect  these  persons  b  onlylbllfiH 
does^  relate  to  Midiae Unas- day,  aoi  i^ 
other  part,  about  the  cross,  is  not  tufEij^iMd 
this  information  ;  and  persons  that  wt»n  ftnt  ftt 
tbe  cross,  but  that  were  not  put  at  tlie  ball^  ar* 
notooncemed  in  this  information  :  Uiit  alK  il 
appears,  were  concerned,  except  one,  whieb  i^ 
Humphry  Barker  ;  now  tlioiigh  lie  waa  f  ~ 
piof  .lud  jumping  upon  the  croaa,  jet  not  h 
preseut  upon  Michael  mas<  day,  be  is  not  t 
this  information. 

And  now,  gentlemen,  hecaiiae  tbe  ettu 
hekl  something  long,  I  shall  be  tbe 
Only,  for  example  fiake,  there  ane  some 
that  oughf  to  be  taken  notice  of.     The  right 
the  charters,  whether  it  be  the  new,  or  the 
charter  tliat  is  to  prevail  in  {wmi  of  law,  is  i 
a  question  :  that  is  not  to  be  deienntnoil  in  f 
cau«e  one  way  or  another,  for  th«y  baw  •  ] 
thodical  way  to  have  that  point  de 
and  should  not  have  proceeded  in  the  %vay  tb 
went ;  and  it  is  pretty  well  known  they 
proceeded  in  that  way  too,  for  we  knon"  ' 
are  8dre  Facias^s  and  Quo  IVarrani(>*a^ 
ing  between  them.     They  would  bave^ 
well  to  have  pursued  the"^  legal  course 
for  I  hope,  we  shall  never  live  to  tsee  thai 
prevail  in  England  which  is  callcfl  club-la^ 
Let  the  right  be  ne^'t;r  so  mocb  on  their 
they  ought  to  take  a  rightful  way  to  ob 
and  not  by  any  unlawful  means. 

Another  thing,  gentlemen,  is  this  ;  tbey  i 
sist  u]>on  tt,  that  tney  could  not  he  guilty  \ 
this  information,  because  the  mayor  waa 
sworn.    It  is  plain  they  axe  guilty  of  » 


STATE  TRIALS*  36Chaelks  U 
mamt  till  lyuythor  wii«  cKosen.  i 
jbrty  %<  liie  olfiohan«r; 

L  iicil  ttire»r  bitu  bv  any   f>r«((^n€4' 

1^  w  of  a  %ery  grtAt  fiiull, 

lie  i'.-    ■     .  "^ 

tlit*^  iie^deil  not  to  li&%e  ^nthen^ 
itito  an  aiMriiibly  about  i\m  tuatU^- ; 
thev  preteod  to  be  a  niaj  or  had 
cbosen  niayor^  they  htid  j»  n*- 
have  brought  bim  iuU>  thts 
migUl  have  come,  anti  of  i  ight 
A  Mandanms  in  admit  mid 
the  office,  atid  fio  lie  nm^t  liave 
jor^  unless  they  had  shewed 
the  coQtrary. 
^  Uicrp  b  no  richt  but  has  a  law- 
tbercfufv  it  had  been  much  better 
'gentiemeti,  if  they  liave  a  ri^bt,  to 
»  m  a  rigbtful  way  to  obtain  that 

!•  beisig  premised,  1  must  tell  ^'ou,  it 
I  BltHtunale,  concern  it  whom  tt  will, 
Iraoge  to  me,  that  men  in  matters  of 

wlMfe  they  have  notliing  to  do, 
mCry  gentlemen,  that  never  came 
mm  an?  election  before,  that  they 
■M  to  busy  themselves,  and'  head 

they  huve  nothing  to  do ;  nay, 
ol'precmnt,  for  it  wiu 

M  it  Wis  only  to  satisfy  their  ciirio* 
tteoMiiner  of  the  election,  the^  hod 
f  llio«i  and  patient  and  quiet,  it  bad 
'  \^i  but  to  be  there,  and  to  de- 
pl»  to  be  sworn,  and  calling^  people  to 
9  and  h^ini^  the  mobile*  tlial 
any  roan,  let  him  be  as  great 
Wt^i  tlMi|pioater  the  itiaa«tlie  greater 
tad  the  gretter  bin  Muence,  the 
and  the  grester  onght  to 


^Mtl6in«n»  to  have  those  other  fier- 
there,  Mr.  HntcihinBon  iind  Mr. 
ley  must  be  dnnandinir  of  the 
and  swear  ;  pray  what  have 
tiiere? 
>  you  see  the  consequences 
to  that  heig-bt  in  the  midst 
;€Dd|iapulmia  town  of  NottinirliaiTi, 
^boAMging  up  hats,  and  liollow- 
d  mftkinyf  ail  the  distur- 
m  in  tlie  woHd  ;  n«y,  in* 
lay  observe  by  one  of  tlie 
igi  tb«  very  senl  wn?:  hrnk«n 
ehart^.    Wiy,  l<  nt 

that  whereas  i'..  a 

.  that  d<»th  ImIiii-;  lo  the 
:  ravislied  it  iiuuVi  and 
Ln«i  take  it ;;  "    iher  he 

inigo;ii  isine«8, 

tbr^f- 

ami 


1684.— 4mi  otheri^for  a  RioL         [ftt 

ifioeiing  of  all  sorts  of  people^  and  all  sorts  of 
disorders  mu«t  be  committed  ui»der  pretaoce  oIt 
this  autliDnty  ;  which  is  setting  up  a  kind  of 
coitimonweailh,  1  can  call  it  no  better ;  and 
\im\  it  been  such  a  general  assembly,  not  with 
an  ml«nt  for  doing  such  one  parijcitlar  pur- 
pose* it  bad  been  high-treason.  For  if  people 
once  think  to  obtain  tUa  rights  they  pretend  to 
in  a  mutinous  manner,  thai  in  the  general  ia 
high-tnfttson,  or  at  least  so  near,  I  witl  bssuto 
you  it  is  pretty  hard  to  distinguish  betweea 
them. 

Now.  gentlemen,  as  lo  the evidetioe,  I  must 
tcU  you  tbe  witnesses  do  swear»  that  all  these 
pereous  wen;  present^  abettors,  and  assistants 
in  this  matter ;  the  man  that  beaded  tbe  party 
hail  no  manner  of  concern  aoiotig  them  t  and 
surely^  at^er  you  have  heard  all  tliis  matter,  if 
ever  there  was  a  riot  proved  in  this  world,  tbti 
riot  is  plainly  proved  upon  every  one  of  tbes» 
met!  excc(»t  Barker, 

But  whtreas  they  pretend  on  the  other  side, 
and  they  would  have  you  to  beUeve  that  tbe 
sheriff  was  not  sherifrtill  he  was  swom^  torelj 
he  was  sheriff  till  another  wai  twom:  And  if 
you  allow  bim  to  be  sberilf,  then  they  ought 
not  to  take  his  mace  from  him^  if  he  was  the 
sheriff  tie  /flc^o,  in  possession  of  the  ensign  of 
this  olfice,  that  is  enough  ;  lor  the  ri^ht  t9  not 
to  be  determined  in  sudi  a  way  as  this. 

The  next  thing  they  pretend  to  is  this,  a-lack- 
a-day,  there  was  no  proclamation  made  till  after 
he  was  sworn  mayor  by  the  new  charter,  when 
before  he  came  first  into  the  ooaiaKVD-oouDcil» 
the  hubbub  was  there  begun,  and  tbe  mayor 
told  them,  gentlemen,  you  have  notliing  here 
lo  do,  pray  go  a!»out  your  business ;  and  when 
Mr.  Saclievcrell  pr^^ssed  him,  he  ordered  pro- 
clamation for  all  persons  that  had  nothing  to 
do,  to  be  ifooe.  Then  afterwards  he  comes 
into  the  hall,  there  is  sworn  in  the  hall,  and 
take9  his  oath  according  to  tbe  new  charter, 
and  stdl  after  proelamatioti  made;  then  the 
sain«f  persons  oonttoue  still  in  the  same  plaoe^ 
so  that  there  is  no  obedience  frivcn  either  to  the 
old  nuthorit^'  or  the  new  ;  and  instead  of  going 
away  upon  the  proclamation,  thfit  made  thetn 
tbe  more  riolenl ;  for  you  find  by  Mr.  Edge^ 
the  l»*t  wit»ie?is,  that  oVen  to  the  time  of  the 
swearing,  Mr,Sacheverell  eontinuedvery  earn- 
est lo  have  himsworn^  though  Mr.  Sacheverelt 
was  shewti  the  new  charter,  and  tbey^eould 
not  even  by  the  old  one  proceed  to  swear  hi  A 
in  the  absence  of  tbe  old  mayor;  and  tbe  old 
mayor  wns  alisent. 

There  are  indeed  several  genlleBien  that  are 
witnesses  for  the  defsndants,  that  Itappened  to 
be  there  at  that  time ;  there  is  sir  Tlx*mas  Par- 
ky ns^  and  be  being  aaked  whether  he  beard 
any  noise  at  all,  why  tndy  he  forgot  that  there 
was  ever  a  word  spokt^n  ;  and  urmigh  other 
persons,  even  «,i»mft  of  their  own  witnesses,  did 
hear  a   i  lie  heard  Done,  bat  all  was  a 

wonde-  r  thing ;  so  that  the  witBesses 

♦^"*  lilt  y   liir iiif^«tlve><  cJiiled,  interfere atnoug 
Ives,  some  of  tlipm  say  tliey  did  hear  a 
,.^.^.  and  shouting,  yet  $ach  is  the  unhappioesc 


95]        STATE  TRIALS,  36 Charles  il.  l684.— TWo/  of  Wm.  SgekevereU, 

of  floroe  people,  that  they  caaoot  bear  if  they 
ba?e  no  mind  to  it.  Then  here  is  Mr.  Thinn, 
a  gentleman  that  came  by  accident,  and  be 
can  give  no  good  account  of  the  matter :  some 
noise  be  did  hear,  but  be  came  but  as  a  stranger, 
and  was  not  concerned  one  way  or  other,  as 
be  says. 

You  have  beard  several  other  witnesses,  that 
give  an  account  there  was  a  noise,  but  they 
cannot  tell  whether  the  charter  was  produced, 
or  not  produced ;  and  they  cannot  tell  one  word 
that  was  said  of  A  Greaves,  or  No  New  Charter : 
And.one  particular  man,  I  have  forgot  bis  name, 
be  could  not  by  any  means  remember  any 
thing  of  the  matter;  though  be  was  there 
all  the  while,  he  could  not  tell  what  A|r.  8ache* 
verell  said,  he  did  hear  him,  but  not  what  he 
said. 

This,  gentlemen,  is  the  substance  of  the  evi- 
dence: 1  can  only  say  this  to  you,  yon  most 
believe  all  the  witnesses  for  the  king  actuaUy 
pei^iired,  unless  you  believe  their  evidence; 
and  for  what  others  say,  that  they  did  not  hear 
such  and  such  things,  yet  all  these  other  peo- 
ple did  hear ;  and  thoogh  the  witnesses  for  tlie 
defendants  did  not  nee,  the  others  did  see ;  and 
you  must  find  these  men  without  any  evidence 
that  does  appear,  to  be  guilty  of  wilful  perjury, 
or  else  eveiy  person  that  you  have  had  m 
cbaige,  except  Humphrey  Barker,  is  guilty 
of  the  not  wnereof  they  have  been  informed 
against. 

Then  the  jury  withdrew,  and  the  court  broke 
up,  and  a  private  verdict  being  delivered  in  the 


night,  tlie  next  morning  it  was  given  in 
court,  where  thev  found  twenty  of  the  tw 
one  defendants  that  were  in  the  issue,  ^ 
of  the  offence  and  misdemeanour  in  the  i 
raat\on ;  an<]  the  other  defendant,  Hum| 
Barker,  Not  Guilty. 

In  Trinity-Term  following,  the  Defenc 
who  bad  been  found  Guilty,  were  sente 
as  follows : 

William  Sacheverell,  fined    -    '  500  M 

George  Gregory 300 

Charles  Hutchinson   -     -     .     .  soo 

John  Greaves 20  N< 

William  Gi-eaves 20  Mi 

Samuel  Richards 20 

Robert  Green 20 

Francis  Salmon 5  Nc 

Arthur  Riccards    -----     20  Mi 

Ralph  Bennct  - 20  N< 

JobnSberwm lOO  Mi 

William  Wilson lOO 

Samuel  Smith ^0  Nc 

Thomas  Trigg  -  -  -  -  *  SO  Mi 
Richard  Smith 

John  Hoe 20  N< 

'William  Smith      -----     20 
Joseph  Turpiu       .....  100  Mi 
Nathaniel  C;hamel      ....  100 
Joseph  Astlin 5 

And  that  the  several  defendanU  do  givi 
curity  for  their  good  behaviour  for  a  twi 
month. 


The  Case  of  the  Corporation  of  Nottingham,  as  it  was  sta 
by  the  late  William  Sacheverell,  of  Barton,  esq. 


THE  town  of  Nottingham  hath  always 
dauned  to  have  been  a  bm-ough  by  prescri|>- 
tion.  And  it  cannot  well  be  doubted  that  it 
ba^  been  so  ;  for  that  it  appears  by  Dooms- 
day-book, in  the  time  of  King  William  Ist, 
that  the  burgesfics  of  Nottingham  then  had 
divers  houses  and  parcels  of  land  in  Nottingham ; 
and  the  burgesses  of  tliat  town  were  173  in 
number  in  the  time  of  Edward  the  Confessor. 

That  town  batli  also  always  claimed  to  have 
been  a  corporation  by  prescnption.  And  it  is 
hard  to  believe  it  otherwise  ;  because  no  char- 
ter of  its  first  incorporating  could  yet  be  found  ; 
Kod  the  charters  granted  to  the  burgesses  of 
that  town  by  kmg  Henry  2nd,  and  king  John, 
do   imply  them  as  a  body   corporate   before 


Yet  it  appears  by  the  charter  of  king  Edward 
the  Ist,  that  there  was  no  mayor  of  that  town 
before  his  reign  ;  for  that  he  iben  was  pleased 
to  grant  the  burgesses  of  that  town  a  privilege, 
that  they  then  after  should  choose  a  mayor 
out  of  themselves  annually  ;  and  some  of  their 
former  charters,  as  well  as  that,  shew  that  for 
I  time  before  they  had  only  bailifb  of  that 
From  Edward  the  Ist's  time, 
4 


mayor  and  bailifik  tlie  town  continoed  tifl  H 
6ih*B  time,  who  was  pleased  to  make 
county,  and  grant  them  slieriffs  insteM 
bailiff)!,  and  the  privilege  of  choosing  ou 
themselves  seven  aldermen,  and  one  of  t! 
annually  to  be  mayor  ;  and  that  the  alder 
(as  long  as  they  so  continued)  shoiUd  be  , 
tioes  of  the  peace  within  that  town ; 
nioreover,  that  the  burgesses  of  the  to«n 
Nottingham  should  for  ever  be  a  body 
porate  i»v  the  name  of  mayor  and  burgei 
Nor  hatfi  anv  charter  since,  nor  any  bye- 
that  can  be  beard  of,  given  the  aldermen 
more  power  than  tliey  had  by  that  cbai 
which  was  then  nothing  more  tnan  every  I 
gess  of  that  town  had  except  being  justice 
the  peace,  and  wearing  gowns  andlioods. 
that  the  aldermen,  though  of  late  they  1 
taken  upon  them  to  sit  as  members  of  the  os 
cilofthat  town,  can  neither  prescribe  to! 
|>ower,  because  there  were  no  aldermen  in ' 
town  before  king  Henry  6th's  days ;  nor 
they  claim  to  be  of  the  council  of  that  t 
by  force  of  any  charter,  for  no  charter  «( 
in  Henry  6th^s  tinae,  or  since,  hath  girtt 
them  any  soch  authority,  nor  did  iktej  ^ 


STATE  TRIALS,  36  Ch  ARtBS  II,  iSMj^md  others  Jot  m  RwL         [98 


hy  wirUut  of  wiy  byf -hvr  of 

rtbevrvdmT  •  "^  ''* -.^  UfF, 

lUrf^bl  ofaiUitig  ai  (liefe 

iMfe  MB  ikokxl  in  tb^oHinii  nben 


Hiv  alilffTHicfli  icid«««d  in  kinir  Jam^'t*  time 
Ina,  l^oti^  they  liad  50  rif^t  so  to  do^  to 
tobfftB  cli«tKt  to  bm  put  of  (ke  councit,  untt 
i»  flBvaiMlB  in  Ibit  loivii**  concertifl,  ami  to 
mmtk  to  &r  a|MJci  ilie  burgrsaes,  without 
^■r««i<oln,  •*  •  'i<1  to  Have  a  n|4:lit  in 


of  the  cori>o«iition- 

'■■r.(U^  and    «-ti<xi!- 

Mil  B«iiW 

)  f   so   Im'  111! hi 

iBI^Birlo  til' 

(li^-   ^it*'l»     ti.  ,i(  fr 

•  •clflnij,  tt 

^MMlilMlo  r 

nFTiofti. 

theaiiler- 

«%  «iy  |ir»> . 

,vhich  lh€ 

Ml  if   tbe  \ 

1   lite  eJ^amitia- 

flmtifi^mm%%* 

\  to  the  jtuiges 

yimmiky 

e  end  they 

MM  Wo 

d   bv  Uie 

m^iMBi'^]    mi*  1' 

*.Ud- 

fawlMili^rmlior 

iherr 

fesr" 

...  ^ --,1- 

^l^Mluit 

■  -i-  -  ■   ■ 

■Uduw,  . 

I  L^t  ot  liie 

gjm  iMcbiui 

d   to   that 

HhPNr,  lai-i 

Mieetto  he 

I^^Bil  vC  t 

•s  m  con- 

^K^  nd  r*-ii 

^   ihcir 

[j^  i^«o«l*  *»i^^ 

ihcv 

■■MifllMd   COCivr  ttk 

i   and 

f  the 

^^Hf  BH  imI  c^vcmrDr 

lU    "1'                               ...... 

^^^Mvlbe  iiia_\  «ir  tinil 

Ihv 

PHfavl  Of  f»»  «•"'"      ■»    ♦ 

••'■*■■ 

idMrlff 


Ivrllii*  tfff>^ 


,  vutU  tlitt 

I   beiui^   ut 

.!  1    i»i    thf  iiftid 

'  lie  ttuvn  luTidMf 

,    itiJ 

■  iiirr* 


^triiiJ*)t)-ijn 


» sMl  «mfviiii|pt^  was  vrhoU)'  \tu\i  aaiiie, 


t  mni  hmfgrmt  1  oi 
'  IM<ilPFI  «C  ik^ 


r,  »l^ 


majntaiii,  sustain  iw  itb  tlietr  bodies,  tbcir  i 
aod  their  chattels  u»  their  powt "  "^"*  *'^»'tu  t^^ 
let  neither  for  love  nor  di'«>jid,  xrd  vC 

mny  toan,  but  maiutain  the  la^vi^,  ^  i-tunts, 

and  franchises  of  that  town  :  and  divert  bnr- 
g«ifies  of  that  towTi  being  informetl^  about  lb© 
be^DiUDg  of  Easter-terin  la^t,  that  the  Enavov 
ana  sume  of  the  aldermen  of  that  town  had  a 
dedgn  to  surrender  the  charters  of  that  ciir|K]i* 
ration,  it  was  acaroe  credited  by  any  of  the 
bui^iessei,  thai  the  mayor  or  almost  any  of  tho 
aldenuea  would  consent  to  do  a  things  so  di- 
rectly ijotitrary  to  their  hurgess-oatb.  Yet 
dirers  bureeises  of  the  said  touu  considering^ 
they  had  t&en  the  8aid  oath  for  |ireservin^  the 
npiU  of  the  town,  thouifht  it  hut  convenient, 
tor  the  ]>reveDiion  of  the  ill  consequences  wbick 
they  well  knew  must  befall  that  town  if  their 
charters  should  he  dehvered  up,  and  a  new 
charter  taken  without  the  privity^  consent^  or 
bearing  of  the  bui^esses  of  that  town,  to  order 
four  caveats  to  be  entered  ;  and  accord iii|fly  ia 
Kaster-term  ordered  two  to  be  entered  at  the 
lord  eh  an  cell  or 's,  uod  two  at  the  attomey-j^- 
neral's.     One  uf  which  caveats  in  each  place 

was  ng-nii   *  '1^  any  new  charter  to  the 

town  of  «i  without  the  privity,  con* 

sent,  or  L;, „   -.  ihe  burgesses  oFthat  ti>wu  j 

the  other  ugaiiist  the  acceptinjsr  of  any  aur- 
render  of  any  charier  of  that  town,  without  the 
hke  privity,  consent,  and  hearing.  Which  said 
caveatii  were  entered  accord  in  gly* 

yind  so  the  matter  rested  till  the  !23th  of 
July  last  I  hut  upon  that  day  the  mayor  called 
a  council  without  giviDg  notice  what  the  bu- 
siness would  l>e^  unless  it  wa^  tu  those  of  bis 
own  party  and  confederacy.  But  that  he  had 
thnu^'hts*  of  surrendering  when  he  came  to  thd 
liall,  will  be  pretty  manifest  from  what  be  did 
after  the  question  was  put  to  the  vote,  and  the 
poll  taken:  there  appeared  at  the  ball  Ibo 
mayor  and  tive  aldermen,  and  two  and  twenty 
of  tne  couneilf  and  Mr.  VVilliam  Topfady  (who 
the  laat  yc^r^  by  order  of 3Ir.  Ger^as  Kippon,  the 
then  mayor,  i^as  sworn  m  as  an  aldermaiiftboueh 
Mr,  Hherwin,  who  stood  in  com|)etition  with  Mr. 
Toidady,  had  near  twice  as  many  roles;  upon 
which  Mr.  Sherwin  brought  bis  Mandamus, 
and  the  cause  h  yet  undecided  iu  the  court  of 
King*s- bench).  After  some  busiuesff  iu  the 
hall  was  di^jputcbed  the  mayor  caused  a  question 
to  be  put  for  surrendering  of  ihe  ciiarters  of 
that  t«»wn  ;  anil  thonsfh  it  was  declared  by  some 
of  the  councd,  That  the  aldermen  bad  uo  n|fht 
V}  votrf  therein,  vet  the  mayor  caused  a  poll  to 
be  trtkeii,  ahd  afimiited  them  and  Mr.  Tonlady 
^  nave  only  that  Mr  Alderman  Edge 
d  his  vote,  and  g^are  it  neither  way. 
1  He  rvA  vote<l  as  followetii,  viz. 

For  surrendering  the  Charter. 

Gcr^'an  Wild,  mayor,  Christopher  IJall,  a!*- 
derman,  John  Furkor,  ubb^nuan,  Gervas  Riji* 
pon,  ftldennan,  V^  illiam  Toplady,  ttlilermaWfl 
(ir  f'licto.  Wdliam  I^Iabbot,  Edward  M abbot, 
Wilhiuu  Petty,  Rolwri  Wortlcy,  Hu^rh  V^aU 
ker,  Wiliiitn/ Wool  house,  J otm  Whitby  ^Tht^ 
mas  Lee.  Jobu  fowio. 

H 


99}       STATE  TRIALS,  36  CuARLSd  II.  l6Si^Triai  of  Wm.  Sachmrett,       [100 

AsraiuBt  surreDderin&r  the  Charter. 
William  (irenves,  al(li:Tmaii,  John  Greaves, 
Sajiiud  Uichanfs,  corrnuTs,  Robert  Green, 
sheriir,  Huntiutrdon  Eyre,  Roger  Ryley,  Tho- 
mas Walkfr,  liichanf Smith,  Francis  Sahnon, 
Ralph  B«*Qnet,  John  Sherwin,  Samuel  Smith, 
Thomas  Trig,  William  Smith. 


So  that  if  the  aldermen  should  be  admitted 
to  havu  a  right  to  vote  in  the  council,  yet  here 
uras  no  majority  for  the  surrender.  But  on  the 
contrary,  the  aldermen  having  no  colour  of 
right,  either  by  pi-eHcription,  or  charter,  or 
othcruise,  for  the  nmsons  aforesaid,  to  be  of  the 
council ;  it  is  plain,  there  was  only  the  mayor 
and  uihc  of  the  council  for  the  surrender,  and 
thirteen  of  the  council  against  it ;  and  conse- 
quently that  the  greiiter  part  of  -the  council 
Toted  against  the  surrender.  Nor  can  it  be 
imagined  that  the  council  of  that  corporation 
(being  neither  settle<l  by  prescription,  nor  vest- 
ed in  by  charter,  but  only  brought  in  by  con- 
sent and  choice  of  all  the  burgesses,  only  for 
the  better  managery  of  the  revenui^  of  the  cor- 
poration, and  dispatch  of  some  otlivr  ordinary 
alfairs,  and  nut  intrusted  with  many  rights  of 
thot  town,)  can  pretend  to  any  power  of  sur- 
rendering the  charters  and  liberties  of  that 
town,  more  than  any  small  numlier  of  bur- 
gasses.  So  that  how  this  surrender  of  fourteen 
men  against  the  vote  of  the  greater  number  of 
the  council,  ajid  will  of  almost  all  the  buigesses, 
should  be  good  in  law,  is  not  yet  well  underbtood. 
And  if  the  putting  of  the  town-seal  to  an  instru- 
ment without  the  consent  of  the  body  corpo- 
rate, should  be  said  to  be  sufficient  in  law  to 
give  away  the  lands  and  rights  of  any  l)ody 
corpoiate,*  then  any  thief  that  can  but  steal  the 
cM>r{)onit  ion -seal,  will  have  it  in  his  power, 
though  he  be  no  member  of  the  cor|Mjrution,  tu 
ffive  up  the  lands  nnil  liberties  thereof ;  w  hioh 
mdeetl  would  be  a  ^trange  piece  of  law  and  jus- 
tice to  be  owned  in  any  nation  that  pi-etends 
to  sense  and  honesty.  \et  Mr.  Mayor,  all  this 
notwithstanding,  did,  as  soon  as  the  said  vote 
was  over,  pull  out  of  his  pnrktd  an  instinmcnt 
in  writing,  purporting  a  surrender  of  their 
charters,  and  caused  the  town-seal  to  l)o  affixed 
thereto  without  any  further  vote.  The  draught 
of  the  instrument,  as  it  is  commonly  said,  was 
first  made  at  London,  and  t hence *tr.msmitted 
to  an  honourable  person  in  >iottin:;-h;m)shire, 
and  by  his  order  conveyed  to  Mr.  Mayor.  Jiut 
this  report,  if  it  were  not  for  one  thing,  which 
it  is  l»elieved  will  be  uroved  if  there  be  occasion, 
might  seem  not  well  groun<lcd,  becaiist;,  as  it 
Afterwards  will  appear,  tliis  surrvuder  was  not 
tliougbt  sufficient,  and  ko  another  ^^as  sealed; 
which  yet  one  of  the  aldermen  would  havo  to 
h*  the  very  same,  word  for  word,  with  lliat 
which  wastirst  sent  up  %<.*aletl  to  i^ontlou  ;  as  if 
twice  sealing  would  make  that  ciil-ctual  \ihieh 
was  not  so  by  l)cing  once  s(t:ded.  Hut  it  is 
likely  he  had  not  heard  what  is  n)nniuinly  re- 
porte<l,  and  {lerhaps  will  be  |»ni\«.'d  v«hen*^tii»e 
serves,  that  the  fir«t  iuslrnment  for  suiTeuder- 
ing  that  it  as  sc»ltd>  was  drawn  so  as  to  make 


a  surrender,  by  the  right  honourable  the  eari  of 
Uallifax  and  sir  Iieoline  Jenkins. 

After  the  saiil  vole  touching  the  intended 
suiTender  was  over,  many  of  the  burgesses  of 
Nottingham,  considering  their  oath,  and  that 
there  were  many  customs  and  privileges  in  re- 
ference to  trade,  which  the  burgesses  of  tb* 
corporation  held  only  by  custom  and  urescrip- 
tion  ;  and  that  as  some  of  the  lands  wbich  that 
corporatbn  held  was  by  grant  from  some  of 
his  majesty ^s  royal  pix'tlet^essors,  so  most  of 
their  town-lands,  (which  ai-e  of  great  annual 
value)  were  given  by  pri\ate  persons ;  thought 
tit  to  ask  advice  of  counsel  in  several  |>oint8. 

The  first  question  pro|>osed  to  counsel  was. 
Whether  if  the  charters  were  surrendered,  and 
a  new  one  taken,  tliiil  new  grant  wouhl  not  pre- 
serve the  lands  to  the  corporation.  To  whidi 
counsel  replied,  That  if  the  charters  of  any 
bcKly  corporate  were  lawfully  suri-eudered,  thea 
the  cor|K)ration  that  held  by  such  charters  wm 
dissolved;  and  that  if  they  bad  auv  lands  which 
had  been  given  to  that  corporation,  the  lieicft 
of  those  that  <rave  thohC  lands  would,  as  soonu 
such  surrender  was  irompleted,  be  entitled  tA 
the  lands,  »nd  rfc<»\er  the  same.  And  ther 
said.  Those  laiuls  which  had  been  given  to  sum 
corporation  by  any  of  his  majesty's  predeces- 
sors, his  majesty  uiight,  if  he  so  pleased,  grant 
thtjn  again  urthc  corporation;  but  no'n 


charter  of  his  could,  as  they  conceived,  eiv« 
tlie  corporation  any  title  to  those  lands  which 
had  been  given  by  private  persons,  or  enable 
the  cor{)oi-atiun  to  keep  them  from  the  heiim 
of  those  that  gave  them,  in  case  such  surren* 
der  should  be.  And  so,  they  say,  it  was  re- 
solved by  thejndt^'i's  when  the'monastcrieswen 
surreudtrL-d,  or  dissolietl;  and  that  tlierefon 
a  special  act  of  parliament  was  advised  to  b^ 
iitaih*,  and  accordint^ly  was  made,  to  vest  thoM 
lands  ill  the  king,  there  being  no  otlier  way  t» 
liindLTtliem  IVoni  goiii';  to  tlic  heirs  oftliose 
that  gave  thein,  \«  hen  By  surrender  they  had 
dissolved  those  corp<.' rations. 

The  second  <{iH>st ion  pniposed  was.  Whether^ 
if  the  mayor  uud  luirgi'sses.of  a  corporaiioi^ 
claim  any  right  of  common  by  custom  or  pre*   , 
scription  upon  other  men's  fands,  as  is  in  ths> 
ca.se  of  Sialfoid,  Derh}',  Coventry,  and  maiiy- : 
other  cor|M)rationb,  they  can  surremler  tbcir  ., 
charters,  und  \et,  by  any  new  charter  to  be  e^ 
taiued  from   his  majesty,  or  by  any  mesm^  ,.' 
preserve  their  ns^ht  of  common.    To  which  i  ■ 
was  an&wei-ed.  That  if  the  mayors  and  bui^geiHft  J 
of  any  corporation  chiim  nucIi  common,  udA'  , 
afterwanU  make  such  surremler,  and  so  da* 
solve  the  boily  corporate,  their  prescriptitm  ftt  ,'' 
common  is  destroyed  ;  and  though  his  majes^  '^ 
should  please  to  incorporate  tlieiu  anew,  yal  ^ 

I  their  title  to  couimon  will,  as  they  conceive,  be  .^ 

I  totally  lost. 


The  third  queslion  was,  Whetlier  the  t 
of  Nottingbum,  being  one  of  the  ancientest  c 
IKirations  of  England,  and  free  of  tolls  in  nu^  -^ 
places,  shouhl  have  the  samejprivilegeif  tfaq^*j* 
surrendered  their  charters.  To  which  it  WM'l 
answered,  Tliat  ii   ihe  town  of  KotiiughaiK'.i^ 


STATE  TRIALS,  Sfi  Chabiks  Ih  l6U.^md ciheri.Jor  a  Riot.       f  102 


fh^ff  i*li4t|i*i  ^^ 


^  hhuW  ^ 
i..>   i,.  vv  charter. 


uM  ■ 


iSr;: 


fifa  cor- 

ilie  inajor 
the  sur- 
itim>,  tlie 

n  luch  it 
I  Init  that 


■y  tiir 


^f^l 


und  rxnniinrU  w  itU 

n'1  the  (jurfjt'ssts 

'    wan  by  srverul 

>cf  of  ft^'verat 

t  y  ot' 
'  11  ted  was 


WiiJi,  yHyctx  of  Natttngham. 
^  f»r  rNotttiii:rhmii, 

mr  til  -  that  you  antj 

0  httve,  vvjthout 
:  (Kim  iit^^l^^  am) 

'« to 
rinrl 

till*  •■:        lU       CilUSC 

i<»  au  m- 
ier !  and 

1  ring' 

■         Ik' to 

cuii  lu   u^  ami 

:i   of  ihe  iH>rjH»< 

»ur- 

'  !^ii.ii  an 

rtf  wbat 

nntl  fhnt 


>  Mi   thaft   rnrpaimtinii ; 


*  lt*r»  witJ  r-etiuinly  be  l/»5t,  if  yon  make  such 
•ftiiiTeiictrr    fts  ymi   Imic    ii^Ti-*tl    to.      W^ 

*^  lio    llHTeHiPe    lieneljy   tferlure    onr    dliii^en^] 

*  from    those  your    pn^      '  and    tbaf  1 

*  wti   ortf|i»r  im    iim*   sli  ,    or  h:irf 

i  Q  n.-,..x*..-i  *L  .*  ....^_.  -  ;.  ,,,  ^j  ,y  chiutcr,  j 

*  lilt.  t»f  till*  mrjMira- 

'  tiiiu  Ei»a«lc  tritlii^r  Kyi 

*  y**o,  or  iiny  cfir|)oratinn,  or  [ 

*  other  jieisou  r  -  eviT  ;  andifiat  ^ 
I  *  ivt' vrill  by  u\\  bwiul  wa^-sund  menns  o|H)os^ 

*  and  hiuder  the  suiTondcrins"  or  vaciiling:  of 

*  any  oftbo  dmrters,  riirhts,  Ubcriie?;,  or  pri- 1 

*  vihj^ps  oftliis  corporation  ;  and  that  in  ci^s^J 

*  you  occa>.ion  Iht-  sinTcnd(*r  of  any  of  ibechor- 

*  lers,  rights,  ril>ertit'!«T  or  ])nvileges  of  this  cor-  , 
1  ,.,,^,i;.,„    we  almll  expect  from  you  such  : 

1  all  the  law  will  nWnvr  ns.' 
. ...    turfire^ses  were  also  advised  to  ordcVj 
sind  accordingly  d'nl  order  cavciUs  in  the  nauiL'S^  ! 
of  some  psj*ticolarburi'e«ses,  on  l>cli&lfofthi?nj7 
nvhcs  and  most  of  the  hurgesst'S  of  dip  town^  j 
to  he  entered  at  the  lord  chancellor's,  the  lor  J 
privy -sears  and  in  the   signet'Offiee,   a^ins^l 
sinrrendering  of  any  ot'  the  charters  of  thai  [ 
town  without  the  privity t  consent,  and  hearing' 
of  the  fiaid  burgesses,  and  aipinst  passini^  of  j 
any  new  charter  to  that  town  \%  itliout  hke  privity^  J 
con-wnt,  and  heario"^.  And  the  burgesses  havf  j{ 
had  an  aKConnt  from   their  a^ent  at  London, 
that  he  had  entered  such  caveats  at  the  lord 
chaneellfM''s  and  in  the  oiBi-es  of  the  lord  Con-  ! 
way  and  sir  Leoline  Jenk)  n**,  it  being  com- 
monly reported  that  ihe  bud   privy -seal  ha^J 
deUvered  up  the  privy -seal  to  the  said  air  Lew^ 
line. 

The  burgesses  were  further  adviacil  to  peti- 
tion the  lord  chaacellor  to  l>e  heard  before  unV  • 
Burrender  of  their  chartr  rs  shoiitd  be  accepreJ,  I 
or  any  new  charter  to  that   town  shoidd    past 
the  brcjad  «^eal  ;  and  accordinji^ly  a  Petition  waa  , 
draw  n,  iuu\  M^^iied  by  alxtve  three  hundred  sind 
sixty  biir^csst  s,  and  a  copy  thereof  fairly  en* 
i^t»8$e4l,  uiiti  the  names  of  the  burgesses  that  1 
had  subscribed,  was  sent  and  prestented  to   tb^  ] 
lord  chanwUor  at  Bath  on  Thursday  the  icnih 
of  this  inMant  August.     Which   Petition  wa»  | 
in  thene  words  toHowing",  viz. 

To  the  ri'4ht  hoiiourable  the  Lor^l  Hijirh  Chan* 
ceUorof  Kti^hnd  :  Th«'  hundde  Pli  iTtoH  ] 
of  tin?  limsfes^es  of  the  Town  of  Noihnij* 
ham,  whop^e  name^  are  hereunto  subscrib- 
ed, on  behalf  of  thetrisetve^  and  uaost 
the  Bnrtjtsses  of  thai  Town, 

*  Most  humbly  sheweib  : 
'That  the  town  of  NortinjL,^ham  l»emfi[^a  bo- ' 
'  riJUtifh  by  pres*crintion,  and  an  ancieni  eor|io- 

*  ration  ;  and  the  hur^jesses  of  that  t<»wn  (who 

*  are  a  body  corporate  bv  the  nanieot  inriyorand 

*  burrjrNses)  hir  i  ^    liberties^  ; 

*  ni^liis^  11  ml  1  «bich  th< 

*  pmit  and  cfM  iiom  hii*  ju  1 

*  i>iR  royaJ  pre*  I  id  uniuy  ck 

*  litk^riii'^    iftj  ^, ..   uhich   \\n\    ...'. 

jvtion;    and   divers  j»ci 
^^1  1-  to  that  corporation  of  *d 


103]     STATE  TRIALS.  S6  Chaeles  II.  l68i.— Tm/  offVm.  SachetertU.      [IM 


c  ▼ery  fjeki  auiiual  value :  The  present  mayor, 

<  with  three  or  four  of  the  aldermen,  awl  nine 
«  other  burgesses  of  that  coqMiration,  haveUe- 
«  dared  theydesij^  to  take  a  nc-w  charter,  and 
c  have  taken  upon  them,  without  the  consent  of 

<  your  petitioners,  and  most  of  the  burgesses  of 

*  that  town,  to  agrree  to  the  surrender  of  the 

<  charters  of  that  corporation  ;  and  have  taken 

*  the  town- seal,  and  afiixed  it  to  an  instrument, 

<  designing  thereby  to  mekc  an  actual  and  ab- 

<  solute  surrender  of  all  the  said  charters ; 
«  which  if  they  have  power  to  eflfect,  it  will  (as 
«  your  petitioners  are  advised)  not  only  dissolve 

<  the  corporation,  deprive  your  petitioners  and 

<  other  burgesses  of  that  town  of  many  rights, 
«  liberties,  and  prinle;^  which  they  held  by 

<  custom  and  prescription,  cause  all  the  landv 

<  given  to  that  corporation  to  revert  to  the  heirs 
«  of  the  donors,  and  disinherit  your  petitioners 

<  and  other  burgesses  of  that  town  of  all  the 
«  said  lands,  liberties,   and  privileges,  which 

<  both  they  and  their  predecessors,  as  burgesses 

<  of  that  town,  have  inherited,  and  ought  to 
« enjoy,  but  also  subject  your  petitioner  and 
« their  freeholds  against  their  will  to  sucli  ser- 

*  vices,  damages,  and  great  inconveniences,  as 

<  may  be  brought  upon  them  by  the  contri- 

<  Tances  of  the  nid  mayor  and  aldermen,  in  case 

*  they  can  obtain  a  new  charter  to  pass  the 
« broad-teal  without  tlie  priiity,  consent,  or 

<  bearing  of  jrour  petitioners. 

*  Your  petitioners  therefore  humUy  pray 

<  your  lonbhip  to  take  into  consideration  the 

*  aforesaid  mtschieft,  damages,  and  inconveni- 

<  ences  that  are  like  to  behill  your  petitionexs 

<  and  other  burgesses  of  that  town,  in  case 

*  such  surrender  should  be  made  and  accepted, 

*  and  a  new  charter  taken  by  the  said  mayor 

*  and  aldermen  :  And  that  your  lordship  would 

<  please  before  such  surrender  be  accepted,  or 
'  any  new  charter  for  that  town  be  |iassed  the 

*  broad-seal,  to  grant  yotir  petitioners  a  day  of 
■  hearing,  and  to  order  thereupon  as  shall  be 
'  agreeable  to  equity  and  justice 

*  And  your  petitioners  shall  ever  pray,  &c.* 

The  Petition  being  delivered  as  aforesaid,  and 
Mr.Blayor  having  Men  acquainted  in  manner 
aforesaid,  by  the  generality  of  the  burgesses, 
that  they  neither  had  consented,  nor  should 
consent  to  a  surrender  of  any  of  the  charters, 
rights,  or  liberties  of  the  town,  and  the  bur- 
gessev  having  been  advised  by  council  that  no 
iBStniment  tor  makinga  surrender  of  the  char- 
ters to  the  earl  of  Hallifax  and  air  Leoline 


Jenkyns  couldheefTectual  in  law :  it  wasliODcd 
tliat  there  would  not  have  liecn  any  fVirtner 

Progress  in  the  business,  at  least  before  the 
ur^^eases  were  heard  u|M>n  their  caveats  or  pc* 
titibns.  And  it  was  taken  for  granted,  that  no 
new  instrument  in  onler  to  any  siirreiidcr 
could  he  made  and  sealed  without  calling  toge- 
ther the  council  of  that  town  ;  because,  by  cae« 
torn  of  that  town,  the  town-seal  hath  always 
used  to  be  kept  under  the  custody  of  thrae 
locks  and  keys,  and  not  taken  out  but  in 
cil ;  and  those  three  keys  kept  by  three  i 

persons,  for  better  preventin*;  of  any  in 

use  of  the  seal.  But  contrary  to  the  buigeflmP 
expectation,  and  a<cainst  all  ancient  usage,  Mr. 
Ala}  or  (havinsr,  as  he  said,  received  mItm 
from  London  that  the  instrument  he  had  teal 
up  fur  surrenderiug  the  charters  was  not  tuA- 
cient)  did  on  Saturday  the  12th  of  August  ra- 

^uire  of  the  senior  o6roner  to  deUver liini  kb 
ey ;  which  the  coroner  refusing  to  do,  (onlcnL 
according  to  the  custom  of  the  town,  a  oouodl 
wais  called,  and  should  onler  such  ddivery)  il 
seems  Mr.  Mayor  found  another  way  to  oaOM 
by  the  seal,  if  that  be  true  which  was  Hgn^fioi 
in  the  public  prints  that  came  down  to  Not- 
tingham on  the  19th  of  August,  viz.  Tfafll 
upon  the  l-Uh  of  August  a  surrender  of  N** 
tingham  charters  was  made  to  hia  uiajeatji 
And  there  is  one  tiling  which  hath  happenai 
since,  which  gives  a  shrewd  Ught  what  lln 
Mayor  did  on  that  13th  of  August,  withoal  ai 
much  as  summoning  a  coundT ;  for  the  petty 
who  by  Mr.  Mayor's  command,  as  beiaich,  da! 
that  day  force  open  the  lock  to  which  the  o»- 
roners**key  bebnged,  hath  since  confeHed  ^ 
iHct.  So  that  now  if  it  shouM  hereafler  ap- 
pear to  be  true,  as  those  prints  seem  to  intinMlai 
than  any  instrnment  for  surrendering  of  Mali 
tingham  charters  to  his  mi^esty,  was  pn  irntaj 
to  hLs  majesty  on  the  14th  of 'August,  it  w9 
scarce  be  a  question,  by  what  means,  or  boa 
lawfuHy  Mr.  Mayor  came  by  the  seal,  or  hoa 
valid  such  surrender  is  like  to  be. 
^  This  is  the  true  case  of  the  hurgesaea  ai 
Nottingham,  who  are  ready  to  make  good  evai] 
matter  of  fact,  as  herein  stated,  whenetai 
there  shall  be  occasion  ;  and  doubt  not  but  ti 
prove  it,  if  they  may  either  be  beard  apM 
their  petition  or  caveats ;  and  howeveri|ueiliai 
not  but  by  the  assistance  of  the  courts  of  jaa^ 
tice  they  shall  still  preserve  their  rigfata,  M^ 
withstanding  all  these  endeavours  that  hafi 
been  used  to  give  up  Uieir  chartera  and  S« 
berties. 


STATr  T1?IAI3,  56ChablesII.  iGi^.—ProtecJitign,  S^e. 


[105 


P  Pfocecfrrags  against  Sir  Thomas  Armstrong,**  in  the  Iving's- 
"  Beoch,  upon  an  Outlawry,  for  High  Treason :  36  Charles  II. 
A,D.    IG84. 


Lr    iitfi    f%f  Jiinr     i5Bi>  «ir  Thomas 

ii»  tht^    liur   of  ttic 

t    "Wi-atrainster,  by 

i»rp«s»  direct eil 


[  if  ihc  Vmtn  \*ni  nmcU  by  l4i«r  deatli 

lirir 

""5' 

of   5i 

?h.«.n,  ,  ...   hart 

(til  _     OH     fllt'll 

(  tfjf  OtlT  ,  "    I^CCOUttt 

"  te   tile   »cotii  at  Lrydtti,  for 

«ru«4  an  httn  ;   nruf   cjf  livered 

in  gre»l 

for jffit  to 

^^iitcs  :  for 

i.at  would 

« re*!  Kihi, 

He  wa»s 

*'  >lon- 

lift?, 

v^   u  bear 

ver  eiTpy 

'  rtf  ininJ, 

r»rehe  cs- 

.  whft  saw 

'  he%*ou]d 

H  e  Ills  Ide. 

fw  when 

I,  Ire  said* 

r»lot:  he 

*r  U\^  [if**: 

tded  will) 

tbr  tt  man 

i»e  (injte- 

lite- 

was 

and 


ifbewrd  *nrh 

**<i  ^K    liltU«JJUlUlL*<I     iu    lilUl   ■ 

'^v^l^Micfl  fcftypi*  the  oounoi 
tilMirf  Ml  |>Vii  hut  It 
,  W  Bight  hai^c  II 
«U  be  aiJii  * 
I  tbftt  vs 
id  In  tu'.-.,   ,.  .....  .!, 

■if  IL»fir«l  triKkp   oi   t^tmnJ'*,  tin(i   ;f,'j 
I^Ar   bnr»e  tn    iH«^kM>L^      Tii^  ro 


f  Ibr  wliirli   I 
I  lb*  timr  tl 

TV  1 


,     but  wh 


Wit:    {'i*Utt    was 

Hv'  Im»  so  eii!j  V  as 
»-      I  tw  I  nine  ih«t  Kumseyhml 
bun  wmmfS  not  wifry  crediMe  ; 
UmI  It  the  ftftrt  T-     '    -    * 
I  jP**  »ikI  tic 
Ml  ikt  ammif  tlicm: 
r^  itii  It  m   teeori  the 

ifgtyfcB^Mf,     r  ^    who 

^■•M^^i  <iie   ffUKfda  NO  lonsf,   kiicw 
f'i'KC'bat  tHMnm  fcithrm   so  \vi»!I^  that 

r  ih^ 

utyto 

TWe  CiMirt  1u4  u  ^  in  » 

'  wmr  witli  binif  y  the 


writ  was  on  hi5i  mQJestv's  behalf  mored  for  cm 
Tharsdiij  hwl  by  Mr.  Aitortiey-GeDeral, 

The  retUMi  of  the  writ  was  ix^  by  the  clerk 
of  the  crown,  hy  which  it  appeared  be  was  ia 
the  cnstndy  nf  ihc  keejier  of  Newg^ate,  by  « 

could  save  bim.  H«  was  now  in  an  outlawry : 
hut  thous^h  the  stritute  was  express,  that  it  ao 
outlaweif  jRTSitn  came  in  at  any  lime  within  the 
vpai\  iie  VVJ4S  to  hiive  a  iriiil  nrKwhhstamling* 
liii,  outlawry.  It  ifas  pretendetl  iu  ausv%er  to 
thii>,  that  he  not  corning^  iri^  hut  being  taken^ 
had  not  a  riffht  to  the  benertl  of  the  statute. 
But  there  were  several  months  of  the  year  yet 
to  run*  And  since  a  trial  wai  a  demind 
founded  on  natural  justice,  he  ia^9ted  on  il. 
And  when  he  was  broug^ht  to  the  King*$- 
bench  bar,  and  asked  what  be  had  to  say  why 
sentence  shoiild  not  be  execate<l,  he  cfaimed 
the  benetit  of  the  statute.  Hesaid,  he  had  yet, 
when  bewastaken,s  everal  rnomhs  to  dehberate 
upon  his  eoraing'  in :  and  the  seizing  on  him 
before  his  time  was  oat,  ought  not  to  bar  bitn 
a  rit^ht  that  the  law  gave  bim.  He  al&n  men- 
tioned  Halloway,  to  whom  a  trial  was  oiTereil 
the  former  terra.  And^  since  it  was  a  point  of 
law,  be  desired  council  might  be  heard  to 
argue  it.  JefleritM  rejected  all  this  :  He  said, 
the  king  might  either  offer  a  trial  or  not,  as  he 
saw  cause  :  and  he  refused  to  hear  council ; 
which  Unng  demunded  uj[*on  a  point  of  jaw^ 
the  denyin**:  it  wjis  thou^nt  a  Tcry  impudent 
piece  of  injustice.  And  when  Artnstrong  in- 
iiiBted,  that  he  asked  nothing  but  the  law,  Jef- 
ienea  in  hi^ brutal  way  said,  be  should  bare  if 
to  the  full ;  and  so  onlered  bis  execution  n  tthin 
*ix  days.  And  the  law  was  executed  on  liim 
with  the  utmt)«t  rigor:  for  he  was  carried  to 
Tylium  in  a  sdetlge,  and  was  quartered,  and  hia 
i|uarters  were  srt  up.  His  carriage^  during  hi« 
im  prison  I  uent  and  at  his  death,  was  fur  beyond 
wfiai  <M>uId  have  *)eeii  imagined.  He  turned 
himself  whoTly  to  the  though, s  of  God,  and 
of  another  state  ;  and  was  praying  continually. 
He  rejoiced,  that  he  was  brought  to  die  m 
Kurh  a  manner.  He  said,  it  was  scarce  pos- 
sible for  him  to  have  been  awakened  into  a  due 
sense  of  his  81  ns  by  any  other  methoil.  Hia 
i  't>  and  his  resentments  were  then  so  ea- 
IV  conquered,  that  one  who  saw  bim  said  to 
....,  ihtit  it  was  not  cany  to  think  it  was  the 
«ame  (ktsoo  whom  he  bad  known  fonnerly. 
He  received  the  Sacrament  ;  »nd  ilied  in  so 
good  a  temper,  and  with  so  much  quiet  in  hia 
mtnd,  and  so  serene  a  deportment,  that  we 
have  i«carce  known  in  oor  tune  a  more  eminent 
instance  of  the  grace  and  mercy  of  God. 
Armstrong  in  bis  last  paper  domed,  that  he 
ever  knew  of  any  design  against  the  king's  or 
theduke'a  life,  or  was  in  any  plot  against  tho 


warrant  from  the  hoooyrable  Sidney  Godolphin^ 
«»q.  QHc  of  lib  tiiajesty's  principal  8eCT«uri^  j 
of   SlAte^    wbich  Warrant  toUoweth  in  h^c 

Siiliiey  GodolphiD,  es^.  of  his  majrsty^s  most 
hot).  Priry  Couacii«9nilprindp&lHt!crt*iary 
ofSState. 

*•  Tlie-^euic  in  his  niajt'sty'tj  name  to  aulbo- 
riae  and  i^iuire  y«u  lo  retvive  into  your  cus- 
tody, from  on  Ixiard  his  majes^ty's  yacht  the 


107 J  STATE  TRIALS,  56 Charles  II.  i eu.^Proceedingi agaifut  [  IW 

Catherine,    captain  Da  vies  ootmnamler,  the 

person  fTf  sir  Thomas  Ani"-*'^"'/    *•   -t— i-.   | 
(br  iki^^h-ti'ttujon,  anrl  hir. 
majefity'ji  prison  uf  Nt'u-^    ,       ;.._   ;. 
plcasuft^  be  farther  kitovro,     And  fur  m»  < 
thiH  slkall  he  your  irarrajil.     Giveu   uii-! 
hand  and  seal  at  Whitehall,  this   lOtb 
June  I6l^^t4,     In  the  30th  y*3iir  <if  his  m:i 
reigii,  *  S.  ^  / 

*'  To  Captain  Richardson,  K 

Majesty *s  PrisoD  of  New^aie, 

•*  8ir Thomas  Arn^-*—"'  "  »>•  -  h-  —*-^--, 
had  in  his  |>ocketa 

one  IlayeSf  a  rnett ..  .  ,  ,,_,  „.._.„,.,. , 

on  wbidi  Mr.  Hayes  is  committed  to  Newgale 
for  holding  correspondence  with  traitars. 

"  14lh.  Sir  Thomas  Armstrong-  W9»  i 
from  Newgute  to  Uie  Kingr^s-bench  bar,  \ 
being'  asked  what  he  could  ^ay  why  ei 
should  not  be  awarded  ag'ainat  himi  lie  f 
outlawtnl  and  M)  attainted  upon  an  indib 
of  Hi b;:h -Treason,  for  conspiring'  the  death 4 
the  kintj^,  Sfc.    He  said  he  was  l^e^ond  f 
the  time  of  the  outlawry,  which  the 
telling'  him  they  could  take  no  notice  < 
then  desire<l  that  he  mi^ht  come  to 
and  that  his  majesty  would  Qjant  htm  tb 
favour  he  had  offered  to  HolJowoy  ; 
court  told  him  that  Wlonffod  lo  bis  n  ^ 
not  to  tjiem  ;  then  be  saia  be  was  within  \ 
statute  made  b^  ^  E.  6^  c.  11,  and  deman 
his  trial,  be  being  trilbin  the  statute,  and  de 
council  to  argue  the  same ;  but  the  court  I 
of  another  opinion  would  aliow  him  no  con 
hut  made  a  rule  for  his  execution  on  ~ 
next  at  Tyburn. 

**  18th.   The  same  day,  also,  sir  ' 
Armstrong'^s  daughter,  pt^titioned  the 
King's-lw:nch  that   her  father  might  I 
W' rit  of  i^^n-or  allou-ed  him  to  rei  erse  ! 
lawry  and  so  come  to  his  trial ;  bi|t  the! 
told  tliem  this  was  no  proiier  place  to  i 
in  ;  they  must  go  into  the  coancery  for  it ;  I 
there  ihcy  had  been  before,  and  the  lord  1 
was  pleased  to  deny  it. 

"  20th,    Sir  Thomas  Armstron^r  vnai 
upon  a  sledge  with  a  very  nuraeroi: 
Tyhurn  j    where   beingf    oonie    1  > 
nrayed  with  him,  who  itecmed  ver\    ^,%^n 
lie  praveil  binisflf  albO  very  ferventlvif 
done,  he  delit ereil  a  piiner  to  the  sherij^ 
submitted   hinkstilf  in  the  sentence ; 
lind  hanged  about  half  an  hour^  he  w« 
down  and  quartered  according  to  his  i 
and  hi*]  quarters  were   broug^ht  back  in 
sledge  to  Newgate^  to  be  disposed  of  ■• 
m^ajesty  shall  direct* 

"  Sir  Thomas  Armstrong*a  quart, 
posed  of;  a  forequarter  is  set  on  '! 
bis  head  on  Westminster,  anoihct   ^u 
sent  down  to  the  towu  of  Stafford,  for  i 
was  a   Parliament-man.     Q,u;ere,  bovr^ 
quarters  of  the  Popish  Traitors  were  i 
and  quserc^  wbich  of  these  fanatic  ptotte 
not  set  iip< 

«^  July  lit.    Came  oitl  lUe  Paper  ttitl  I 


gorenunent.  There  were  no  remarks  pub- 
hsheil  on  hiii  speech,  which  it  was  believed  the 
Court  ordered;  for  they  saw  how  much  ground 
they  bad  lost  by  this  Btrelch  of  law;  and  how 
bttle  I  hey  had  i^ained  by  hu»  death.  Que  pas- 
""ge  in  it  was  tbc  occasion  of  thcrr  ordering  no 
Msb  reflections  to  be  made  on  it,  ^  had  been 
made  on'  the  other  sjteecbes.  The  king  bad 
published  a  story  all  about  the  Court,  and  had 
told  it  lo  the  foreign  minu^ters^  aa  the  i-eason  of 
ibis  extreme  severity  agdin.<t  Armslrong:  he 
said«  that  he  was  sent  over  by  Cromwell  lo 
mnnler  him  bevond  sea,  and  that  he  was 
warned  of  it,  and  challenged  him  on  it ;  and 
that  upon  his  confessing  it  he  had  promised 
him  never  to  speak  of  it  any  more  as  long  as  he 
hved*  Scj  the  king,  counting  him  now  dead 
in  law,  thought  he  was  free  from  that  promise. 
Armstrong  took  this  heavily  :  and  in  one  paper 
which  1  saw,  writ  in  his  own  hand,  the  resent- 
mam  upon  it  were  sh artier  than  1  thntight 
beetme  a  dying  penitent.  So,  when  that  w^ls 
represented  to  him^  he  changed  if:  and  in  the 
paper  he  (fare  the  shiriif^  he  ba<l  softened  it 
tnnrh*  But  yet  he  shewed  the  falshood  of 
that  rpport :  tor  be  never  went  beyocid  sea 
but  once,  sent  by  the  earl  of  Oxford,  and  some 
other  cavaliers,  with  a  cousiderahh;  present  lo 
the  king  in  money,  whieb  he  debvercd  \  and 
brought  buck  letters  of  thanks  froui  the  king 
to  those  wlio  made  the  present.  Hut  Crom- 
well having  a  hint  o^  this  clapt  him  up  in 
prison,  where  he  was  kept  almost  a  year.  And 
upon  the  merit  of  that  servioc,  he  was  made  a 
caj» tJitn  of  horse  soon  after  tlie  I'estoratton. 
\\  hen  Jt^fTeries  came  to  the  king  at  Windsor 
so^m  aller  thu^  trial,  the  king  took  a  ring  of 
^itod  value  from  his  finger,  and  gave  it  him 
lor  ihc-se  services  :  the  ring  upon  that  was 
called  his  blood  stone.  The  kmg  gave  hun 
one  advice,  which  was  somewhat  extmordi 
nary  from  a  king  to  a  judge  ;  but  it  was  not 
the  4ess  necessary  to  him  ;  tbe  king  said,  it 
was  a  hot  summer,  and  he  was  going  tbe  cir- 
cuit, he  therefore  desired  he  would  not  driuk 
too  much/'    Burnet,  j77, 

«<  June  lltb  \^M,  Sir  TliOmas  Armstrong, 
One  of  the  late  fanatic  plotters,  and  who  stood 
outlawed  for  High-TretLson,  having  l»een  taken 
the  last  week  at  liCyilen  in  Hollanti,  by  oriler 
of  tlie  States,  was  bionglit  iu  one  of  bis  mujesty^s 
yachts,  and  committed  last  nigbl  to  iireeo- 
wieh,  and  wai  l]|is  luorning  committed  to  New* 
g»le. 


TATE  TRIALS,  36  Charles  II.  l684.— 5tr  Thomas  Armstrong.       [l  ** 


^r  George  Jefferies)  What  would 

Mr.  Attomc}'  ? 

u    (Sur  Robert  Sawyer)  Have  you 

ry  there? 

-.  Yet,  Sir,  here  it  is. 

I.  That  which  I  humbly  pray,  ray 

award   of  ekecution  for  the  kin^jp 

llMfiias  ArmstroDg'  upon  the  out- 

Fint,  we  xnust  file  this  return. 
-  1  pray  it  may  be  filed. 
Let  it  be  filed  :  now,  what  do  you 
Attnrney  ? 

I.  My  lord,  I  pray  an  award  o^  cxe- 
I  the  oatlawry. 

Anai{^  him  upon  the  outlawry. 
'.  Thomas  Armstrou}^,  hold  up  thy 
hich  he  did.]  Thou  hust  been  in- 
LMidoD,  by  tiie  name  of  Thomas 
,  of  LimkIoii,  knight,  of  hij^h-tretiiMn, 
w^  against  the  kinjif's  majesty's  life, 
ovemwcnt :  for  not  aprM*aring'  to 
Irv  that  indictment  by  due  process 
lel  against  iliee,  ufwu  that  indict- 
rtaadest  outlawed,  and  thereby  ut- 
he  aame  hi«;h- treason.     What  Irast 


f  for  th\se!f,  why  execution  should 
ried  agunst  thee  u] 
la  law? 


I  agunst  thee  upon  that  attainder 


}nuirong.  My  lord,  I  was  beyond 
toe  of  the  outlawry  ;  I  beg  I  may 

\  That  is  not  material  at  all  to  us ; 
hfe«  a  record  of  an  outlawry  against 

^■■IrM^.  I  deaire  to  be  put  upon 

X  We  cannot  allow  any  surli  thin^  ; 
■ttar  to  do  upon  this  re<*ord  Mhrv 
•■vara  execution,  (.'aptain  Uichard- 
ft  are  your  usual  da3-s  of  exfcution  ? 
iMiekardwn.  Wednesdays  and  Fn- 

fattAors.  Here  is  a  statute,  my  lonl. 
1  Wfaai  is  the  matter  with  that  gen- 

Uwmirong.  Hold  your  tonnfuc.    My 

tentroDg  <lelivcre<l  to  the  sheriffs  at 
f  his  execution,  wiicrcin  he  denies 
«fa^yto  Cmfnweiitbr  tlie  sei/.inpr 
PhcniD  Flanders ;  he  inveit^lis  aifainst 
liip.fC  his  ca<ie  at  the  Rin<r*s-lN;nch 
'Mied  bis  trial ;  and  does  abs(dutely 
iMg  concerned  in  any  plot  ajufainst 
lift  or  for  alteration  of  tlic  jfovern- 
ri»  the  nCory  of  ilie  lonl  liouanVs 
If  ha  |imfc»k'(l  hiiusi^If  to  tlir  in  the 
Hfeioo,  and  iu  the  Coiiuuiniion  of 
hm  England,  coneludini;  with  his 
king  and  these  |>04»r  nut  ions. 
tv  hath  fjcf^n  piravd  :ts  :i  •^i^nril 
•  lord  t'hi«^t' justice  JifFriAK,  to 
rfriogoff  his  iiujfer,and  |irrji»m 
Mp.'*^  NarcbisuK  Luttrell's  ^'S. 
■fall  BeUtion,"  &c.  iu  the  Co!- 
V,Qilbid. 


lord,  there  is  a  statute  made  in  the  6th  year 
of  Edward  the  6tli,  which  I  desire  may  be 
read." 

L.  C.  J.  To  what  purpose  would  you  ha?e 
it  read,  sir  Thomas  P 

Sir  T.  Armstrong.  It  piveth  the  prisoner,  or 
(lerson  outlawed  for  hig;h -treason,  a  year's 
time  to  u'versc  the  outlawry,  if  he  were  beyond 
sea.     I  desire  it  ma^  be  read. 

L,  C.  /.  Ay,  let  it  be  read.  Where  is  it,  do 
you  say  ? 

Sir  T.  Armstrong.  It  is  in  the  6tli  year  of 
Edward  6. 

Mrs.  Matthews.  Hei-c  is  a  copy  of  it     ■ 
[Shewing'  a  paper.] 

L.  C.  J.  Why,  how  now  ?  We  do  not  use 
to  have  women  plead  in  the  Court  of  King's- 
bench  ;  pray  be  at  quiet,  mistress. 

Sir  T.  Ar/mtrong.  Pray,  hold  your  tongue. 
My  lord,  I  could  not  come  to  alledge  tliis 
before,  because  I  baye  been  a  close  prisoner, 
and  nobody  permitted  to  come  at  me.  I  desire 
counsel  to  be  assic^ned  me  at  this  bar. 

L.  C.  J.  For  wfiat,  sir  Thomas  ? 

Sir  T.  Armstrong.  To  argue  whether  this 
outlawry  oujrht  not  to  be  reversed. 

L.  C.  J.  Read  the  statute  he  desires. 

Att.  Gen.  Ay,  let  it  be  read.  Sir  Thomas 
will  not  find  it  to  his  purpose. 

CI.  of'Cr.  What  Chapter  is  it  ? 

L.  t.  J.  You  may  easily  find  it  about  out- 
lawries for  treason. 

Cl.ofCr.  Reads.  *  Provided  always,  and  be 

*  it  enacted  by  the  authority  aforesaid,  That  if 

*  the  party '— 

Att.  uen*  Read  the  clause  before  that,  sir 
S:imiirl. 

Cf.  ofCr.  Reads.     *  And  that  all  process  of 

*  outlawry  hereafter  to  be  made  and  had  within 

*  this  realm,  against  any  offenders  in  treason, 

*  b(Mn<if  resiant  or  inhabitant  out  of  the  limits 

*  of  this  reabn,  or  in  any  the  parts  beyond  the 

*  sea,  at  the  time  of  the  outlawry  pronounced 
<  against  them,  shall  lie  as  g(K)d  and  effectual 

*  ia  the  law,  to  all  intents  and  purposes,  as  if 

*  any  such    offenders  had  Ijccu  resident  and 

*  dwelling  within  this   realm,  at  the  time  of 

*  such    process  awarded    and  ou'tlawry  pro- 

*  no u need.' 

L.  C.  J.  Reod  on  the  next  paragraph. 
CLofCr.  I?(ads.  '  IH-uvided always,  and  be 

*  it  enart#*d  by  the  authority  aforesaiti,  that  if 

*  tin*,  party  so  herer»lUT  to  Ik.'  outlawed,  shall 

*  within  <mo  year  next  iiltir  tlie  said  outlawry 

*  pronounciMl.  o!  jinljrnieiit  jriven  U|Min  the  suid 

*  outlawry,  yiild  hlinsi'lfunio  the  chief  justiee 

*  of  Liiglsnid  I'ur  the  time  beiii^r^  and  offer  to 

*  tnviTse  (he  iiidietitient  ora|)[)(>ul,  whoreiipori 

*  the  said  omJawry  s\\\\\\   |>r  pronounced  as  is 

*  aforesaid  :  that  then   he  shall  be  rteriveil  to 

*  the  saitl  trn^iT^'.  :'nd  heiiv^  thereiip<'n  found 

*  not   <.'iii!l;.    fi\   ihi.    \enli»t    r-f  I'l   Mien,  hi; 

*  shall  h'.-  ele:ir!y  ai-<|iiitted   and  di»-ehartrvd  of 

*  tiiesiuM  ouihivvry,  and  of  all  priialticsaiid  f»r- 

*  liiiiures  hy  n  :iN«Mi  ol"  iIm'  ^a'n;',  ill  as  larpo 
'  iivd  anii)ie  iMariiwr  and  firm,  as  though  nu 
'  such  outla\>  ry  had  beeu  uiade,  any  thing 


Ill]  STATE  TiUAL3,3b*CHAliLES  lU  iSS^^Proceedin^B 9gami  ,        [Ul 


*  herein  cobUiMd  to  the  coalrary  in  any  wme 

*  notwith9UJ9din|>f.' 

Jtt.  Gtn.  Sir  Thomas,  1  suppose,  now  nill 
thew  he  yielded  himself  to  your  loril!>hip. 

L  C.  ).  This  i»  the  tirsl  titne  I  have  veen 
sir  Thonras. 

Sir  T.  Armiirong,  My  lorii»  I  btve  been  n 
piiiofier,  &nd  tbe  yeaj*  is  not  yet  out ;  1  now 
ftsndei'  myself. 

Ait.  Gen.  Before  be  went  oat  of  Kofi^lanil 
lie  mig'ht  hare  rendered]  himselfi  and  b^eu 
tried,  if  be  pleojed^. 

Sir  I\  Armstrong,  I  am  within  the  benefil 
ai  tbe  statute,  t  conceive,  my  lonl. 

X,  C*  X  We  think  otherwise,  tir  Thomas. 

^ir  r,  Armttrottg,  I  think,  my  lord,  the  sta- 
tute is  plain  in  the  case. 

L,  C.  /,  We  arc  ol* another  opinion  than  3  ou 
«re  ;  it  doth  not  reach  vour  case. 

Sir  T.  Armitrong.  "fhe  year  is  not  yet  out, 
and  therefore  I  come  time  enough  now  ;  and 
here  1  am,  and  desire  the  benelit  of  this  act, 

X.  C.  J.  Sir  Thomas,  you  should  have  ren* 
ikred  vouraelf  to  me* 

fkc  T.  Armitrong*  I  do  it  now,  my  lord,  and 
the  year  is  not  yet  out, 

L.  C,  J,  We'cannot  infce  notice  of  that ;  we 
bave  nothings  but  the  outlawry,  and  you  did  not 
render  yourself  according-  to  that  act,  but  are 
brought  as  a  prisoner  U^iori^  us  nf»w. 

^r  r.  Armstrong,  BIy  lord,  I  l>eg  I  may 
hare  counsel*  to  plead  i\n  me  in  this  cas«. 

X.  C,  X  For  what  reason  i^  we  ar*j  of  opi* 
Dion  it  is  not  a  matter  of  any  doubt  For  you 
must  not  go  under  the  apprebcnwion  that  we 
«leDy  you  any  thin§:tbat  i^  ri^ht  ;  th^'rc  is  no 
^oulc'nor  difficulty  at  ull  in  theihiug.f 

^  *  *  H  ere  the  prisonif  r  was  denied  cou  nsel  u  pon 
«  point  of  law,  in  which  case  it  was  never  pre- 
tended but  be  is  intitled  to  it/*  Former  Edition. 

f"  King  and  Johnson,  Mich*  S*  Geo.  2^ 
B.  IL  The  prisoner  was  allowed  to  lie  within  the 
benefit  of  the  Proriso,  and  though  he  had  es- 
caped out  of  prison,  and  wax  retaken  in  Eng;- 
Inttd,  was  admitted  to  prove  himself  bt;yond 
lenal  the  time  oif  the  outlawry;  and  upon 
proving  that  be  was  then  at  Middlebur^li  in 
Zealand^  his  outlawry  was  reversed,  and  be 
was  admitted  to  a  Tnal,  and  acquitted :  Arm- 
wKroog*u  case  was  declareil  a  precedent  uiA  fit 
lo  be  foUowed.'*  Former  EdiLian. 

This  Cane  of  Johnson  is  thus  reported  by 
Mr.  Justice  Foster,  Crown  Law,  46. 

*<  Michadmas*  a  Geo*  2.  B.  R. 

**  The  Ciiae  of  RocEa  Johnson,  cited  twice  in 
Mr.  RatclifTe^s  Case,  was  thus: 

**  The  defendant  stood  outlawed  upon  ou  iu- 
dicUnenifor  UighTresi&ofi  in  diminishing;  the 
current  eoiu  of  the  kingdom,  and  was  taken 
and  committed  to  Newgate.  Being  now 
brougfbt  to  the  bar  by  Halteas  CornuSf  he  of- 
fered to  surrender  himself  to  the  chief-jaatioe, 
pursuant  to  the  act  of  the  5th  and  6lh  E.  6.  c. 
11,  (being  within  the  year)  and  to  trai^ene  the 
t 


Sir  T,  Artntlrong, 
staiule  is  plain. 

X.  C.  X  So  ., 
have  no  advantagi 
you  shall  httv 
next. 


Lin.  I 

So  it  h  very  plain  thiit  vou  «■ 
antagebv  it.  Captain  RicharddB 
IV c  a  rule  for  t^xt^cution  on  Frvfi^ 

8ir  T,  Armittong.  I  would  only  l^kt;  fiuti(# 
of  one  Uiing,  my  lord,  rnay  I  n^ieak  ? 

indictment ;  alled^in^  that  be  was  ai  I 
fjcyond  the  seas  at  the  time  the  outhm^^     ... 
pronounced. 

"  The  chief  justice  said,  we  cannot  rtfmt  h 
accept  his  surrender ;  be  must  be  renvi 
Newgate  ;  and  let  a  special  entry  be  in. ^ 
he  olfertfil  to  surrender,  and  to  traverse  the  j 
dictincnt** 

**  At  another  day  in  the  same  ^ 
feudant  wa»  was  a\^;jiin  br«»oght  to 
he  tc!ndered   a  pWu  iu   p.ircluncui,  -  mm  \ 
*"  was  out  of  the  realm  on  the  8th  of  Fd 

*  when   the  otlllat^fy    was  pronounced/ 
pleadcfl  over  to  the  trcasou  ;  which  plea 
receive<t     The  attorney -gtufrid  pra\ed 
bemi^htha>ea  copy  of  liie  plea,  and  i 
days  time  to  demur  or  join   issue;  which 
g^raiUeil ;  tlie  court  declaring  thut  the  attni 
might  h:ivc  joined  issue  inttanter  ;  and  that  j 
the  trial  of  such   issue  the  prisoner  could 
chislUi^^e  any  of  the  jury  without  cause, 
pnsoi}er  prayed  counsel  aitd  had  tour  assig 

**  At  another  day  ia  the  s^imc  term  the  { 
so**"-  *'    "-  '^  ^Hr  hnr,  hy  kave  of  the 
\\  ,  LJiid  pleadf^d  the  stib 

ot    .,  ...  ..  .,  ,.^..,;^  beyond  tica  on  the  8tbJ 

Felirnary,  orv  Unu*,     The  aiKkmey-g 
ore  t€niii  repHed,  '  I  stay   he  was  with 

*  realm  on  the  Bth  of  February,  and  I  xn^ 
'  his  being  then  out  of  the  ri^lm  *   Issa*  bi 
thus  joined^  the  court  awarded  a  venire  rttflfj 
able  mttttntlr^  aud  ihcsheriM,  sitluitcthcc 
returntMl  a  jury.     Then  the  prisoner's 
ojYened  the  |dea  and  case,  and  oalleil  tb 
nesses  ;  and  the  attorney -^enend  insiiri 
the  witneases  should  be*  examined  api 
were  so  examined  ;    as  likewise  were  1 
UMses  produced  on  the  part  of  the 

"  The  prboner*s  counsel  maoug^ed  { 
tn  bts  behalf,  and  three  of  them  were  Im 
the  reply  j  and  the  jury*  after  a  short 
returned  with  their  verJict,  *  That  the  u 
'  was  out  of  the  realm  on  the  8th  of  Feu 

**  Then  the  prisoner  was  arraigued  on  \ 
indictment,  to  which  be  pleaded  not  g'u|^ 
and  the  attorney  joined  issue,  and  prayc 
venirt  returnable  the  first  return  of  the  1 
term  \  which  the  court  awarded  \  and  ihn  { 
soner  was  remanded  to  Newgate." 

**  This  note  of  Johnson's  case  wi 
cated  to  me  by  %uy  good  friend  the  late  J 
Justice  Abney,     The  case  is  reported  by  i 
jeaut  BarnardLston  in  his  iirst  volume^  ftnd| 
sir  John  Strange. 


*  <«  This  justice  was  refused  to  mi ' 
Anustrong  in  a  Uke  i 


J 


r^TC  TRIALS,  56 Charles  11 
1^*  &f  TttOdtav^  fery  Treclj  what 
,  A  ^^^  while  aq^o  iUarti 

':uw  my 

'  TLottiUv    Armiitroiitr.  voii  irmy 
ofyour 


ir<ii    in;ii    an  t  ^ 

V  I    !-.n>.   ^ 

I'miigatnan, 

f,  tiow  n  ise 

ffbrhirT^  ■  list 

ft-'  Ja^lice 

'nJudgiueaU 

•^  judjptnouU  nil! 
^.uUy  of  hjgli*irea- 

I-  T    timv   G'»d* 

"« never  pre- 

'!»   1  mn  da- 

4-iu  tadomy  tJuly^ 

&iii,  I  uould  only  ftC^piHlnt 

,  in  iviVreorc  in   what  ?iir 

'     ■     J  (lid  in- 

til*  sriie,  ao 

.    (  thai,  JWin  i^1^  irijjr  .tV»  per- 

•iMitc  reaioti    for  it,    Gut  the 
no  unrt  <»r . M, I Mf. .-.►,.,:... 
[tl»r  kif^.    For  it  '. 
(brcn  g-iv*  u 
J,  lliat   alWr  llii»  fljsappoint- 
►  IpnrQ  liy  the  pftniflfficp  of  f :od, 
"       'HmtI  lit 


IT  c^idencf ,  hh  pr(»itirtly 
r  .^►i,  ♦,,,  1^     4,1,1  ^,i,^.,j  lie 

'^  of  cottirtiunira- 


f  i»CMfe  nf  Hoiioway,  p.  t,  of  thii 

skinc's 

to  the 

tfib  Ittd  kem  «0  «t  iiicutly  driu-,  it  04111 

^teiCViH  •*"*   " "i«  'kivis    (leenso 

Il«ltt9f  iry,  ajsdlct 

.    ^  conicimii- 


1 654.— Sir  TlofmtJ  Armstrong,       [114 

tioti  with  {preign  mioisters  witli  nihev  peopk 
were  tdken  about  him,  sud  will  be 

X.  C.  J.  Weaie  not  to  nieJdla  at  all  wilh 
tlie  evi<leuoe,  Mr.  Attorney ;  that  is  not  our 
LusinL'ss  :  here  is  an  outUs^ry  ;  upon  this  out- 
1"'   '   *  '  '    aitainted  ;    we  have  nothing  mor« 
1  do  th^*  d  ut  y  of  the  court  U|K)n  this  re- 

r  i^  III  nwsnl  exixutitjn  Upon  that  ai 

t  jvearuJtjforit.  Iftlieking 

v\  i  or  sir  Tliotnas  Armstrong 

what  Im  did  ibr  iiuUuway^  and  indutgt^  him  a 
frin!,    and  wave  the  outlawry,  wilu  all  oar 
b.     We  are  not  digpo^tcrs  oi  hh  gvac€  and 
I ,  hut  the  ministers  of  his  juslite.     If  the 
kiijjL;  will  patnlon  him,  he  may  ;  that  is  not  our 
busjnc'ss  ;  but  all  we  have  to  do  upon  what  is 
'    '  -^  UK»  IS  to  C'       '     ■'         -id,  and  Avbat 
1  ^oner  mys  .  4  of  exet^ut  ion . 

, , ._  ,i.iveconsidti\x*  t.  ...  ..i^.  ..,i.%  be  a  yieldiu^ 

within  the  proviso  of  this  statute,  and  we  think 
it  is  not,  nor  on  he,  hy  any  means. 

Sir  2^.  Armilroni!,,  My  lord,  I  am  witliin  the 
statute.     I  was  outlawed  while  I   Mas  beyond 
tk:a,aiid  1  come  now  here   within  the  t\^eke- 
month.    That  i»  all  I  know,  or  have  to  say  in  , 
ihii*  mutter. 

L.  V,  J,  We  think  i|iiitc  tlie  contrary,  Sir 
Thomas. 

8ir  T.  JrfnUrong,  When  I  was  before  the 
council,  my  lord,  they  ordered  tliat  I  should 
have  counsel  allotted  Vne,  but  I  could  bare  no 
benefit  by  ihnt  order  ;  for  when  I  was  taken,  I 
wasi-obbett  of  all  thi?  money  I  bad,  uud  bavcnot 
had  one  penny  rvvtoreJ  to  10c,  tior  any 
money  since  ;  I  know  not  whether  the  law  al- 
lows persons  tfi  my  cooditioo  to  be  robb^ 
and  stripped. 

L,  C.  X  I  know  nothing  at  all  ofthat  mat- 
ter,  sir  I'liotaaa* 

Sir  T,  Armitrong,  My  lord,  I  know  lawvers 
willnotplead  witb^   '  -^li  beingrolibedi 

I  couUl  not  havt-  ;i?e  lliem. 

f    (f    >ii«- t:. ,,,,..,.,  ;^ ^ti(f,  you  tekt 

mg-  what   ytju  [th  iise  j    you 
^        fied,  nobody   ha»  robbed  you 
Chat  I  know  of, 

Hir  1\  Artfiitrong.  Nobody  says  you  dc^ 
know  of  it ;  but  so  it  as. 

L,  C.  /.  Nay,  be  a»  angry  as  you  will,  ttr 
Thowas,»e  are  not  concerned  at  your  anger. 
We  will  undoubtedly  do  our  duty. 

Sir  '/'.  Armtnm^.  I  ouudit  to  havetlie  bdie- 
iit  oi  the  law,  and  1  deinund  no  more. 

X.  C.  J-  That  you  slmJI  have  by  ihe^raceof 
God,  See  thnt  exerution  be  done  on  I'rtday 
ne)tt,  according  to  law.  You  ahall  have  th« 
full  benefit  of  Ukelaw, 

Then  the  prisoner  was  carried  bark  to  New- 
crtite.  and  allerwards^  upon  a  rtUlion»thc<  'ourt 
'  ()  I^irH.  fVlauhewato  be  rd«ascd  out  of 
V  wiiliout  ffccs. 


urs4  of  the  contmry  could,  probably,  ban?  pre- 
veiled  to  put  so  strained  n  sen^e  ofi  the  statute^ 
in  order  to  deprive  him  ol  a  Trial.**    Fornix 

Edition. 

1 


1 15J         STATE  TRIALS,  36  Charles  II.  \6^i.^Proceedings  agmnat         [1 1(7 

/Hie  Khcrifls  of  London  ami  Muhllesex,  about 
nine  oVlock  in  the  morning,  coniinuf^to  New- 
^ati.',  an«1  demanding  tlii'ir  prisoner,  he  was 
forthwith  delivered  to  them,  and  put  into  a 
slei!«;e,  and  drawn  to  the  place  of  execution,  at- 
terwli.".!  hy  a  luiinerous  ofuanl,  and  a3  great  a 
luuitbcr  of  spectators,  (»f  all  de<>:rees  and  quali- 
tiMi,  as  have  been  seen  on  such  occasions. 

He  cuipl(»\>Ml  the  time  be  was  drawing  to 
Tjhura  in  rei*din;,^"The  Whole  DutA'  of  Man/* 
till  he  came  within  sight  of  tiie  ([^tillows,  and 

tlien  he  laid  ic  by,  and  with  lifted  up  hands  and  >      That  Mr.  Attorney  change 
eyes,  adflressodliimself  to  JK'aven,  till  he  came  I  one  of  those  that  were  to  kiU  the  king.  He  took 


and  particularly  of  what  Mr.  Attorney  accused 
him  of  at  the  Irar. 

That  he  prayed  to  be  allowed  a  trial  for 
liis  life,  according  to  the  laws  of  the  land,  and 
urged  the  sUtute  of  Edward  Gth,  which  was 
expressly  for  it ;  but  it  signified  nothing,  and 
he  was  with  an  extraordinary  roughness  con- 
deunie<l  and  made  a  precedent ;  though  Hol- 
loway  had  it  offered  him,  and  he  couUlnntbui 
Ihinic  all  the   world  would  conclude  his 


;  very  different,  else  why  was  it  refusetl  to  him? 
That  Mr.  Attorney  rhanred  him  furbein? 


beneath  the  tree,  w  berc  he  remained  about  a 
quarter  of  »m  h««ur  in  the  sledge  ;  before  he 
asiTiidetl  .the  cart  that  stood  n*ady  for  him,  he 
desired  the  sheritf  to  admit  Dr.  Tennison  to 
come  to  bin  I  :  and  having  delivered  a  paper  to 
the  sheriff,  the  doctor  kneele«l  down  with  the 
prisoner,  nnd  pra^x-d  with  him  about  a  quarter 
of  an  hour,  during  all  which  time  the  pri- 
soner prwiJTved  a  Lieeouiing  and  heroic  coun- 
tenance, little  daunted  with  the  terror  of  that 
fate  he  was  in  view  of:  but  rising  from  his  de- 
votions, he  nulled  off  his  cravat  and  bat,  which 
he  gave  to  hirt  ser\ant  who  attended  him,  and 
had  folio tved  him  by  the  sledge-side,  when 
kneeling  down  himself,  he  prayed  for  a  short 
time  with  fervency  and  dcvolion,  begging  par- 
don of  his  God  for  those  manifold  and  crying 
sins  he  had  been  too  often  guilty  of,  and  con- 
cluded with  a  resignation  of  himself  to  the 
God  of  Heaven  and  earth,  before  whose  judg- 
ment seat  be  was  forthwith  to  appear,  desiring 
that  the  whole  world  would  forgive  him,  with 
w  lioni  he  hoped  he  died  in  peace  and  charity. 
Having  thus  ended  these  devotions,  he  ngam 
stood  up,  c.d  putting  off   his  periwig,  he  nad 

a  white  cap  dehvereil  to  him,  which  he  put  on  ;  1  

and  being  soon  after  tied  up,  the  chief  of  his  |  These  Proceetlings  w..  re  afterwards  enquhrf 
di<tcourse  was  adtlresscd  to  a  gentleman  who  l  i„to,  and  censured  ;is  illegal  by  the  House  fit 
stoo<l  by  him  ;  and  a^er  a  short  ^pitce,  holding  ■  Commons  in  1089.^ 


God  to  witness,  that  he  never  had  a  thought  to 
take  away  the  king's  life,  and  fjiat  no  mui 
ever  had  the  impudence  to  propose  so  barbaroiH 
and  base  a  tbini<f  to  him  ;  and  that  he  ne^'tr 
was  in  any  design  to  alter  tlie  government. 

That  if  he  had  been  tried,  he  could  have  prov- 
ed the  lonl  Howard's  liase reflections  upon  him 

to  bo  notoriously  false. He  concluded.  That 

he  had  lived,  and  now  died  of  the  Reformed 
Religion,  a  Protestant  in  the  communion  of  the 
church  of  Englaml,  and  he  heartily  wished  he 
had  lived  more  strictly  up  to  the  religion  he 
belicveil:  That  he  had  found  the  great  coni- 
ibrt  of  the  love  and  mercy  of  God,  in  and 
through  his  blessed  Redeemer,  in  whom  he 
only  trusted,  and  verily  ho|»€d  that  he  was 
going  to  partake  of  tliat  fiduess  of  jo^  whirh 
IS  in  his  presence,  the  hopes  whereof  infinilelj 
pleased  him.  He  thanked  God  he  had  no  re- 
pining, but  cheaii'uliy  submitted  to  the  punish- 
ment of  his  sins  :  he  freely  forgave  all  the 
world,  even  those  concerned  in  takinff  ^  away 
his  life,  though  he  could  not  but  think  bis  sen- 
tence verv  hanl,  he  being  denied  the  laws  of 
the  land.'*» 


up  his  hands,  he  agjiin  ren(*wed  his  prayers  ; 
his  visage  little  changing  all  the  time,  till  the 
very  moment  the  cart  drew  away  ;  the  execu- 
tioner Imving  pulled  the  cap  over  liis  eyes,  he 
continued  his  prjyers  all  the  time,  and  even 
whilst  he  huu'^,  as  b)ng  as  hfe  was  in  him, 
and  he  hud  the  counuand  of  his  lips  ;   afler  he 
had  hung  about  half  uu  hour,  and  ih<.'  execu- 
tioner had  divested  him  of  his  npparel.  he  was  . 
out  down  atrording  to  his  sentence,  his  privy  i 
roembers  burnt,  his  head  cut  oil",  and  sluwed 
to  the  peopli:  as  that  of  a  tniitor,  his  heart  and  " 
iK)weU  taken  on  I,  ami  c<Mn!uiltc*d  to  the  thuurs, 
and  his  bmly  quartered  into  four  parts,  uliich 


Mailis,  \1  November,  1689. 

A  Petition  of  tlie  l-.idy  Armstrong  and  hsc 
daughters,  wa.;  read  ;  vvficreujiou  a  l.'ommittM 
t  was    uujMiinted  to  examine  the  matter,  and 
make  tlieir  roporlto  the  House. 
*'  Resolved; 
^^  That  it  be  an  instnu  lion  to  the  Committer 
Thnt  they  examine  who  were  the  judges  tka 
gave  thi*  sentences  nuainst  sir  Thtnnas  Anm 
i^trong,  and  who  v^ere  the  prosecutors  of  him 
and  who  had  his  (stute;    and  how  the  pcti 
tinners  inuy  have  iriiiralion  :   and  also  to 
■(edinjrs  v.ei 


mine  whiit   proe( 


rverc   in   order. to 


with  his  head  was  oMi>ey«Ml  bark  to  Newgati,  i  ^.y\^  of  trior  by  him  desircil,  aiid  how  it  caMS 
to  Ih'  divposed  of  according  to  his  majesty's  j  xa  be  dinicd,  and  by  whom  :  And  thcvare  t 
pleasure;    and  were  afterwards  publicly  ex-  |  make  their  lepoit  w'ith  all  convenient  spccd-f 


I»osefl. 

Ilu?  sub'»tan'*e  of  the  Paper  de-liveriMl  to  the 
sheriff  was,  **  Tiiat  he  thanked  Almighty  (i'wl, 
he  foiuid  liiniself  prepand  tor  death,  his 
thonglitsMt  upon  uhiithi-r  world,  and  wcani't! 
Iioiii  this  ;  \i>(  he  could  uot  but  give  ho  much 
•f  kiri  111  tie  lime  as  to  uns\\eT  some  caluiunics, 


l\1artis,  19  November,  1C89. 

Mr.  Chrisly  reported  from  the  Committf 

to  whom  the  ^Petition  of  the  lady  Armstroim 

and  the  daughters  of  sir  Thomas  ArmstM^i 

was  referred  ;    a:i  account  of  the  whole  pB^ 

«  See  6  Cobb.  Pari.  Hist.  415,  516. 


171        STATE  TRIALS,  3^  Charles  II.  j  Gu.^Sir  Tkomui  Armstrong.      [1 18 

iiitber  ;  ami  sir  llobert  Snwy^r  f  (then  AtU>r- 
oey-Gener-al)  being'  rmminJ  hy  lier,  as  i»oe  of 
itie  prosrt'uiora ;  atier  slie  wus  wlUidruvvii,  ht 
was  heap  I  hi  hts  place  lu  vUiat  uns  otijeiled 
against  liiiii,  anti  thi^ii  lie  wUhdrew,  ami  m\kh% 
itebute  of  the  uiiilt  r,  li  vvas  re^oU«d,  ''  Tiiut 
sir  UoIk'iI  8aw^)'£r*ia  name  be  |Htt  into  ihc  Bitl, 


[ia#*n  ft*r»;nst  him  ;  and  that  thereupon  ihcy 

[  1 .  '  •A  nnslrong's  rilea  oiigh  t 

iW^c  uct-n  ,tu4naiiHi,  iircimJiii^  lo  me  stutiUt* 
«f  l>dwftrd  (I,  iind  that  tlit'  tfxrcution  of  him 
' '*r  hy  outlawry,  was  illegaJj 
(jrt'ttHice  of  justice. 
extMdlOTs  uod  heirs  of  sir 
>)^i  ou^ht  to  have  a  I'ejiara- 
.-i  out  of  the  etitates  of  tliuse 
i  writ:  iaih jii*\i*,eii  ttud  |irfi«cM>uturs. 
[  3.  ••  That  a  Writ  of  Error  for  the  reversal  dt 
|jti4c^)<^ot  iu  fcl'ioy  or  Ireasoo,  i»»  the  right  of 
i  nJijffct,  &nd  outf-ht  to  lie  granted  ai  his  de> 
ib^  ind  ts>  fitit  an  art  of  gnxce  or  favour ;  which 
uaj  be  denied  i^r  granted  at  pleasure. '''*^ 

^  1\>  ill  whtcb  Resolves  the  House  agreed. 

^  BeMdvod, 
I**  Thwi  U«ivt?  be  given  to  brinjf  in  a  bill  to  ro- 
Pihi-  ivHrnfiiirr    -f  Sir  ThomaH  Artuslroofr^ 
taitrt  II  to  his   .vidow  and  chil 

-  of  the  judges  and  pro- 
I  mad  the  aaine  to  he  without  feea.^' 

Btmiidiij  tlje  ^2oili  of  Jauuaiy,  1089. 

\  Mr*  Chmly  rcjiart*?*!  from  the  Committee, 
mbods  the  htU  for  the  annulUng  the  Attain- 
*d  «r  Thomas  Amiiitron;;  v  as  {"ecocnniitted; 
ti«ake  witfudinetiUi  to  the  bill ;  a*^  abo  who  were 
li»  |in«Hsiitoni ;  an*  I  aliso  \^hctt  losses  sir  Tho* 
itn  imitfb^oo^'^  tiiniUy  huil  snstaiue<1,  by 
I  of  the  altainder  f  and  thereufHin  it  was 

Richard  HoUoway,   sir  Fnincis 
i  executors  of  the  lute  lord  Jeffe- 
[pii,  tttif  «f  tlte  late  justice  WaJcoi,  >lr.  Gra- 
1  Mr  Burton,  do  HitemI  the  Housf  on 
r  OHnrtiini^  uext,  to  answer  to  «uch  mat- 
I  ir»  cliargeil  at^n^in^t  them  touchtuy'  the 
I  o^inst  »ir  Thuuias  Aniistroii|^." 
Thm   Mrm.    Matthews^   sir  Thuuius   Ann- 
'  inkog'f  daughter,  was  called  in,  and  examiix^d 
italic  ktMfW  of  the  prosecution  a^nst  her 

*  8ee  S^lk.  5>0i,  and  the  boolcM  there  ciietl 
SrTM'int     Wtbon^s    edition,   contr.    H.    C. 
J  ^lod.  47  ;  in  the  rontier  of  which 
-^uf,  *  This  «3eius  to  he  a  cwnc  of 
et  durus  sertno/     ^^ee^  too^ 
' ,  p.  L  of  this  Volume,  and 
*4  iL«tx:ti(i'e  and  taiDeron,  and  also 
iiifa  Hejt^  of  the  tVown,  as  there  cited. 

f  "  The  ra«t  fcamlii*f  and  iihility  of  sir  Ro- 

1  Sa^s^  r,"   «;av^   Mr.    llur^-raTe,  (Preface 

f*  on  the  Jurisdictiou  of 

Cnrliatnent,  cxli^  Note) 

hed  by  hSs  ivooiicrfutly 

sinfuiut-nt  for  the  crown 

1,1  i  niii]*»u  t|no  Wart^uto  caiie  in  the 

rCbiiifii  the  **'Cond     By  thus  referring 

vof 

_,.  ^,..^,    :  1   ■..   l-':'bert 

lite  atf  a  ifienibcr  oi  parUaiuent  and 

^ift  particuJar*    lathis  ^reat  struggle 


of  the  Couuiions  about  nppellaut  jurisdiction 
over  equity  he  took  a  decisive  pari  ii;{uui»t  th* 
claims  ot  the  Lotdh.  Alniut  tive  yHirg  otter- 
wards  and  \«  Uan  im  Umi  been  Speaker  of  the 
Commons,  he  was  made  aitumt-y  i^enerat,  aad 
in  that  uttice  so  couducted  liie  stale  prosecu* 
ttous  during  the  latter  part  ot  the  rel^u  of 
Ctiarlea  tht;  second  and  for  some  year*  ol  th^ 
rd^rn  of  hii»  bii^oited  and  unfitrtunaie  successor, 
a^  to  tender  himself  very  ua|Kipiil;ir  if  not  odi- 
ous. But  a  i'ew  months  before  the  Kevolution^ 
sir  Robert,  havings  itdwiefl  to  bupp<irt  tiie  did- 
nen^iny^  power  [See  the  Case  of  sir  Edward 
lliil&s,  in  this  CollecUon,  ^,  n.  1086")  claiuj*;d  by 
king  James,  wh»  removed  from  oificc :  und 
then  he  was  singled  out  as  ooe  of  the  counsel 
fur  the  bishops  on  their  trtalH,  [pee  their  Ciuie  m 
this  Collection,  a.  f>.  1688,  J  and  acquitted  hiin* 
self  with  di»tin^ui^hed  abdity  >?ee  K  Bum. 
Iliit.  foL  ed,  742.  lu  the  Couveniiou  Parlia- 
ment, he  wa*;  zealous  aurumsL  Jaoie^i  ;  and  in 
one  of  the  debutt^!!^  previou«»  la  the  vuie  of  Abdi- 
cutioo,  eveu  W€nt  the  Icuj^thof  ^saying;  *-  in  all  I 
'  have  read  J  nev^n  Luet,  iu  no  sihoit  a  reigOi  , 
'  witl^  the  laws  ^  viMhitcd  und  the  prerogative 

*  so  stretched/  ^  Cobb,  PafU  Hist.  48.  \V  hen  the  ^ 
Revokttion  was  accotiiplintied,  there  s^eemed  to 
he  a  prospect,  that  his  ^vc^i  U%wX  and  p:irlia« 
itientary  abilities  would  raisr  him  ag^ain   iiit4i  ' 
some  hifjrh  official  situation  in  the  law.     But 
bis  rivals  were  catfer  ui  uke  advantiig^c  of  his 
iitriiier  eoniiuct:   and    his  harsh    procf^cdioLfa 
uitifain^l  sir  Thomas  A rmsjTt"/    ^^i'"  was  exe- 
cuted on  an  outlawry  lor  >  i  notwith* 
staii<hng  ull  the  cannot  :ii;      ,           -   etfort^of*] 
his  lady  and  her  friends  to  obtain  a  ^^rit  of  er- 
ror to  reverse  the  judgfuenlf  the  leK'aliiy  of  i 
which  was  niMst  ap|iarencly  fjue*tionablc.  soon 
gave  the  oppcfftuiiity^    A  |M*tilion  of  lady  Arm« 
stron|>;  iiud  htsr  dau|<luer»  wjis  presented  to  thft 
HousL*  of  Couuiions ;  and  the  result  was  im- 
plicatm^  sir  Hiibert Sawyer  a^  the  leader  of  th#  1 
protjecutioii,  and  in  respect  tif  it  he  whs  ex- 
pelled the    i{ou!»e   of    CofuuiouS.       it   ts    ob- 
ubservable^  that  this  petition  of  lady  Artn*itron^ 
produced  a  tiesohitiou  of  the  Houe«  of  Cuui" 
mons,  *  that  a  Wni  id  Error  tor  the  revental  of  J 
'  a  judgment  in  felony  or  treason  la  the  hgbl  I 

*  of  the  subject  and  ou^ht  to  he  i^rantefl  at  hit 

*  desire,  and  is  not  nn  art  ot  gnue  o*-  favour, 

*  wfilch  m«y  be  denied  or  granted  at  ' 
This  Resolution  paired  ttie  19th  N  > 
H  hicb  w  as  about  two  nioutht  bt  t 

f'\pukiou  ;  and  it  seems  from 

count  ofrh-    ^  '  ''  '  ' 

coarsie   b+ !  t 

gratttiug  ui  ,...,::-       . ,  i  i 

grounds.     But  on  the   other  Imnd  ti 
remembered  on  his  bebaU,  that  the 
3 


Fmie  of  the  pro«ecutore  of  sir  Thomas  Ann* 
strong." 

Re^ihed,  "  That  sir  Robert  8ftwycr  be  «6- 
pelkd  the  House  for  the  same.*' 

Saiunlay  the  15th  of  January*  1689. 

The  House  beioQ^  acc^aalntcil,  TbJil  acconf- 
inr  to  tfu'ir  onler,  sir  Frauds  WytUens>  sir 
llichaul  Mollo^vay,  Mr.  Cimham,  ntwl  ^ir. 
Br*' '^  '^'luk'ti  at  the  door,  thry  wert^tevp. 
ri  iti»  aud  examined,  toiidiiu§r  the 

L'l . ,_    .    , ^  iiud  Pioceed iu ifs  og^isi  t>i r  Tho- 
^     Ai-m^trong» 

^  ^.sil  uJwrt  the  executors  of  the  late  lord  Jef- 
ferics,  that  were  litteudini;  at  iheHoor,  were 
likewise  vu\\ei\  in*  aud  askeil  what  th*'y  ^Hd  to 
iny,  w  bv  rejmratiou  should  nni  bv  made  out  of 
the  lonf  Jc'flcrif^'s  t'slate,  to  the  said  sir  Tho- 
mas A  i  t  '    (.imily. 

No  i  ]>earing  a*  Executor*  to  the 

late  juritm  If  ui«  ut ;  the  House  wns  aci^«ainte<l 
tbot  he  died  iote^tate^  and  had  not  left  ao  estate 
•ufBcieid  to  [lay  his  flebts. 

After  the  t^^rsons  before  nientiooeiJ  were 
heart!  and  withdrawn,  31  r.  Biaucy  was  called 
in,  who  gtive  the  House  au  aceount  of  the  pro- 
ceetlingT?  in  the  court  of  Kiug'i •bench,  upon 
lite  ftivarding  execotioD  against  sir  Thomas 
Armslroug'. 

Aud  then  the  House   pn  ![>on  the 

amefjdraents  ruaJe  hy  the  ^  lo  the 

bill,  for  aunulHn|tf"  tlieAttaHHH.r  <  11  vjr  Thomas 
Armstrong :  anfl  arter  havin*^'  inserted  the  name 
of  sir  Rotwii  Sawyer,  as  a  proseeutor,  and  re- 
solvttl.  That  the  sum  of  five  thousand  jjouods 
ihould  be  paid  hy  the  judg^es  »nd  proseculors, 
to  sir  Thomas  /^Vrnstrong^'s  lady,  ajid  children, 
B»  a  recompene^  of  the  losst^  thev  had  sus- 
tained by  reason  of  his  attainder,  tlic  bill  was 
recommitted  (upon  the  dol»ate  of  the  House)  lo 
the  sauie  Couimtltee. 

Til  is  bill  not  p^ssrngr,  the  Attainder  stood  in 
force  liU  6  Wilhara  iind  Mary,  wlien  it  was  re- 
versed upon  a  Writ  of  Error  In  ihe  King^s- 
"  eoch ;  ibr  that  the  record  did  not  mention 

here  the  court  of  Hustings  were  held,  the 
da  Dro  Chitatt'  London  Ijeing  omitted.  4 
Mod,  Hep,  366. 


t  A  COPY  of  the  IMPER  dehrered  to  the  Lord- 
Keet»er  NORTH,  the  Lord -Chief- Justice 
^^  JEFFRliYS,  aud  Mr,  ATTORNEY- 
mm  GENi^R\L,  by  the  Lady  ARM- 
^"  8TR0NG,  on  the  behalf  of  her  husband 
I  Bir  THOMAS  ARMSTRONG . 

|l  My  L(.rd ; 

I  am  iiifornied,  That  by  the  common  law  of 

nes^  examined  against  him  admitted,  that  he 
did  not  dcmaitd  execution  of  sir  Thomas  till  the 
judges  had  declared  theQisel?es»  and  that  as  to 
die  Writ  of  Error  he  said  it  was  oot  in  iiia 
iKVwcr  to  t^aut  a  Writ  of  Error,  but  tliat  the 
tug  or  lord  kce|x.'r  muM  be  applied  to  by  |>e- 


nl  oral 


Bug Umd,  any  cnati  that  was  ouu 

or  tt'eoBon,  might  brim;  a  writ  < 
?erse  his  outlawry;  which  was  to' 
» f?x  debjtft  jusiicia* ;'  though  it  nil 
r¥^rtf>er  f^r  suing  for  such  a  writ  of « 
'  .»  W  by   way  of  petitioii  (l 

(  !  uonstmncc  de  drait  lor  U 

ami  so  It  Uiis  re<K>lved  an  Niuiau  Mtf 
Co.  4  Inst.  *!.'). 

Next,  by  the  common  law,  if  aay 
in  Ensrhiud  at  the  im»e  of  the  exigei 
and  went  out  of  the  realm  alter  that, 
theoutlnury  protiounr^d,  he  couki 
sign  that  tclr  error,  that  he  was  h 
at  the  same  time  of  the  pi'onoatictng 
la  wry;  and  the  reason  is,  be«iii«« 
hereat  the  time  ol*  the  awan  i 
aud  mi|£ht  reasouubly  havt^ 

On  the  other  side,  If  any  were  cju 
land  during  the  whole  process  and  | 
tion  of  the  outlawry,  it  was  never  1 
Imt  that  was  an  error,  and  might  I 
for  error,  either  hy  ihe  iiarty  or  hia  I 
eouuuoti  law,  and  so  continues  to 
and  was,  not  long  siuee,  adjudged  in 
case,  the  Irishman,  who  came  io 
years  after  the  outlawry. 

Then  comes  the  stitute  of  5  ai 
6  cap.  11.  and  enlarges  the  law  fcMr 
of  the  outlawed  person,  aud  gives  k 
to  assigu  for  error,  that  he  was  bej 
the  time  of  the  outlawry  pn»uoiinc< 
he  could  not  do  by  t^ommou  law, 
siaiote  ;  and  so  continues. 

Then  comes  the  proviso,  and  say 
must  come  iu  within  a  year,  aad  n 
self,  to  be  entitled  to  the  beiietil  o1 
which  was  to  atisigu  for  crrtir,  tlkat  1 
yoniJ  se<k  at  the  time  of  the  o<utl 
uouueed> 

So  tiiRt,  my  lord,  upon  this  short  i 
law,  an<l  mv  husband^s  case*  be  bei 
sea  all  ihe  time  of  the  (rrocesH^  and  i 
of  the  outjiiwiy  pronounced,  it  is  co 
is  well  entideil  to  assigu  this  for  ei 
common  taw,  without  any  aid  of  I 
ttf..M.ri,  ift^  nroviiio  iu  tliat  statuta 
I  4  him;  which  f  with  tub 

!i       -        J  of  many  leiimeo  f 
tlmi  he  IS  within  the  tntetit  and  i 
proviso,  for  many  reasons  ttni 
your  lordKhip  witli  now. 

Therefore  I  do  hope  that 
husband's  being  the  first  case 
was  executed  upon  an  outlawry  (tl< 
desire  it)  luay  have  thai  **t-jaht  with 
shift  ih.it  U  dcMi'r^es :  iind  do  hiipe 
lordship  will  so  »dvi^•e  the  king  ii 
law  (wdose  counsel  you  are),  that  n 
may  have  a  writ  of  crr^ir  graiitetl 
counsel  ussigatil  him  to  ar;iiie  these 
by  the  law  liss  h«den  allowed  to  crimi 
piUil  cases,  with  whatsoever  else  si 
upon  the  record  of  outlawry  urodu 
a«  yet  my  buaband,  or  any  lor  him  n 


"4 

Lsa  mm 


STATE  TUIAIA  ^  Ciurles  II 
»nm^  ift  Rm|^  Nurtii'ii  ftdeccc  of 


Mi    :i]nAu'*itn>H    I 


'   il  u  wril 


t  «ii«l^  wa<K  oiaU««v<Hl  lor  tiit^    Uv<?  Floi 
j«pfM»nl  u  ftir 

I  his 

9«^ii«i  iM    ji-iK*     :*  ^\^^l  oi  •  in  r^  ami  bc 

tB   ||lcfliil.       Hut  the  jut^^^cii  utre  *'t 
>—"»•»  IfTutlj^Kt  ■'»  I'^i  ►'    "  f'    'C'ninst 
«  f«nrf«rri  ;i  the 

I,  litrcttpou    I  ate^L 

|w*jfi-p    fnr   n  writ   of>rrnr  ;  jinil,  i'Xti- 
P  ^ittuid  that 

telt  tr«a<»on, 
ULixU  out  u  itUtJut  a  H  armi»i 
'ISeiK'rml ;  lior  U  im  mot  u  wrU 
vour ;  aiut  '  '         ',    cJe- 

_Ti»t  Mpal  lijid 

But  t. 


mil»<jliM«4:  ]'  i<r    It. 

iii^  afWrvt  ^  .  it^d 

ftr^iiit  (iC  a  (liecc  of  comnum  jiihiic*' 
^^VtiiOkl;    »ihJ,  n^Wr  tli*'  H' volutiun, 
li^-ffuin  ii»  o|K'ii  uinmt  it. 
»fi«per  was  lrnuK-il,  mimI  pul 
of  MiriaM  nil  (iiWi K,  ^*  hn tin  il 
ifl»nE|irtflcoi  fAHher,  ihut,    K  It 
«^  iIm  cufiilor  li»  UHiki^  nut  wntii 

m.     Ami 
I,  ih  llmt 

^  ,..   I,:tl1      to    UlM 

^H'  ti..-  li'tuial 

t2,  'I'he  ap< 

apL<etal   viriiA 

rlri  uutitein  ly  otKfii  court,  or  Uy 

^t  wladihtm^  (raoM,  m  fins  i»  wkiU: 


^tai   M«e   Uf^i    4 
il  writ      Htt«*H'i 


^,«4tttii 

«  II     

^^thBRfiaAltograi 


):ii4  in  Um? 


.  1 68  i.— Sir  Wowirf  Armitrcng.       [  128 . 

ever  iiia<lt*  in  tlsil  caxe.    3.  An  oniJ  applies tfOQ 
in  prtrale^  m  not  to  \*e  lecfanled,  because  Umtc 
iii  uo  ccitniulv  of  >TUat  la  cither  allied  or  d^*  1 
hum)      P.r.«jin*s*»  of  that  kiuU,  ui  ool  trLisi«4  | 
;  hut  majii  U;  in  writiug-,   because 
»  'Hprr  is  iittt  to  nohcii  atiy  m^irs  luii] 
iil  hiH  iuj>tau4^e.     lie  may  direct  ifheihiiikal 
lit,  hut  is  not  hound,     8fjiU)in!i  must   liiJlow  iQ 
the  j»h»|wr  f>1ii«'#-s;  and  it  was  nc%er  lieanl  th«t  ! 
sucli  suit  It  as  nmiU  to  the  lord  keeper,  but  from 
the  person  ivhuae  am*  it  is.     There  Yvaji  rca*i 
Aoji  to  endeavour  a  rif^ht  uiidentundin^  at  tbaij 
time^  w  hco  roramittt^ts  of  br)lJj  Houses  afkaft  1 
nertj  appoiotrtl   to  enf|tiire  mU*  tl»e  foregoing  J 
proi^ecdinf2fH.     Th&t  itt  liie  House  of  Lorda  w$m  j 
rulJed   tlur  Committee  of  Murther.     But  alUv  j 
all  uivtUnU  of  t oquiry   Uiat   could  he  taken 
upoo  outh  or  oilierwiaife,  oo  k)ame  Has  tuuud  in  , 
^Tiy    indite  or  mimster   in  the  time  of  kin^j 
Charles  2,     VVht<'li,  ys  hiiM  been  touched  al*  1 
rcady^  is  a  vimlicatiorv  that   few  ages,  pot   t4J 
such  atrial,  ^uld  hope  Ibr/' 


A  Copy  of  the  PAPER  delirered  by  Sir  Tbo 
■AS  ARWfTRttNG  to  the  Shmlf. 

1  thank  Almighty  Cod,  ihon"^l>  I   Km ve  bail 
but  a  short  time  alhw^  mr,  I  r  pre-  1 

pared  for  deathi  and  cny  thofi;^l  m  uao^l 

tUer  viorkl  ;  aud  I  trust  iu  (jod's  mercy,  1  am] 
\^t4\  weaoetl  from  stttio}^  my  heart  on  this :  ' 
yet  I  i'linttot  but  givt-  so  miK^h  af  my  htile  lime^  j 
(o  set  down  in  ^viitiug  my  answetM  to  aoiiie  t 
lumnien  raifted  since  my  clu^e  imprisuruneiiL  1 
HA  well  as  what  Mr.  AiU>rtiey  accused   me  ^J 
ut  the  bar.    I  was  told,  a  very  i^reai  peri&D  i 
f  was  a  spy  of  Cmmwetf's.     1  was  sent  fron 
'''"'••  ►ly  the  hetii  and  loosiilerti blest  frietM 
\u\  then,  with  hilU  of  exchange, 
wry  great  importanre  lo  his  majeitjf  j 
1^  ;  I  appeal  to  ltismaje«t}  if  I  delmr* 
t)Ot  sale,   and   Iuh  answer  to  ifa 
wheu  1  TL turned  :  Whieh  I  hkd  not  bc^n  abof#l 
nix  days  hut  1  was  elappetl  up  a  cto»e  prison<9J 
in  the  Gatehouse,  and  in  extreme  dani^r 
my  hfe  for  that  journey.     Before  this,  1   ha 
been   a   year  in   Lambeth- house  a  prif^ooer  ] 
and  alW  a  prisoner  in  iheTower^  when   ibe 
Uiiurper  dietf^  und  riear  starvintT  in  evefv  one  nf 
ilN*in  :   tery  dl  treatments  for  a  «py  »qu  a  ueo^ 
sioner  \  My  lord  td'  Clilord  and  many   alnert 
ol'  quiihty,  will  1    think,  testify  my    iuuoccficse 
UI  tlwj*  point.    1  protect,  heftMcGoif  I  wns  itercr 
a  flfiy  nr  pcnstniier  to  Cromwell,  or  any  other 
wan,      On  Haturday  last  I  was  brought  lUiwtt 
to  (he  King's- bench   l»ar,  ou   an  outlawry  of 
high  treiisou  :    I  was  aiiked  whut  I   had  Utaty 
for  my^ell,  ihatjodifinetit  of  d*ath  should  w^ 
pass?    I   aoHMurod,   Thai    I    was  heyciwl  nem 
when  the  ouUawry  tame  out ;     I  thought  t|ie 
law    allowed    a  wnt  ol    error  to  revrrne  it  ;     I 
prayi^l    I  nii(^hl  he  allowed  a  tni»l  for  my  life, 
lunmlmg  to    the  bw^of  the   bud;   1    ur|^c4 
the  statute  tif  Edviard   r»th,   vUitdi   was   ex- 
presH  for  it ;  but  it  *iigiuB«^d  nothing  :     I    waa 
coiidciiimed,  and  made  a  precedent ;    thougli 


I 


i2S] 


STATE  TRIALS,  36 ChablbsU.  l6si..—Proeeedingi.  ^r. 


[IS 


Mr.  HoHoway  a  little  before  had  it  ofTered  him. 
I  cannot  but  think  all  the  world  will  conclude 
roy  case  very  different :  and  why  was  it  refused 
me  ?  Mr.  Attorney  accused  me  there  for  bein^ 
one  of  those  that  were  to  kill  the  king  as  soon 
as  he  came  buck  from  Newmarket  after  the 
tire.  I  take  God  to  witness,  I  never  was  in 
any  desiorn  to  take  away  the  king'&  life ;  neither 
had  any  man  the  impudence  to  proi>ose  so 
basc^  and  barban>us  a  thin^'  to  me  ;  iieitner  was 
I  ever  in  any  desi<^n  to  alter  the  government 
of  England.  What  I  am  accused  of,  I  know 
no  otherwbe  than  by  reports,  and  prints;  which 
1  take  to  be  uncertain.  80  that  it  cannot  be 
Expected  I  should  make  particular  answers  to 
them.  If  I  had  been  tried,  I  could  have  prov- 
ed my  lord  Hcmanl's  base  reflections  upon  me 
to  be  a  notorious  falsehood  ;  for  there  were  at 
least  ten  gentlemen,  besides  all  the  servants  in 
the  house,  can  prove  I  dined  there  that  day. 

I  have  liveil,  and  now  die,  of  the  reformed 
religion,  a  true  and  sincere  Protestant,  and  in 
the  communion  of  the  church  of  England.  I 
have  found  the  great  cdmfort  of  the  love  and 


mercy  of  God,  in  and  through  my  bless< 
Redeemer,  in  whom  I  ouly  trust ;  *and  I  < 
verily  ho]>e  I  am  going  to  partike  of  that  fu 
ness  of  joy  which  I  believe  is  in  his  presence 
thebojies  whereof  do  infinitely  please  me. 
thank  God,  1  have  no  repining  at  my  he:ui  ft 
the  condition  my  sins  have  most  deserved  I 
brought  me  to  ;  I  have  deserved  much  won 
at  the  hands  of  God  :  l!fk>  that  I  checi  fully  sal 
mit  to  this  punishment,  as  being  taken  off  bi 
a  small  time  sooner,  i  do  freely  forgire  1 
the  world, even  those  concerned  in  taking  awi 
my  life.  As  for  the  sentence  of  death  pam 
u|)on  me,  I  cannot  but  think  it  a  very  hard  dim 
being  denied  the  law  of  the  land,  as  I  thin] 
To  conclude:  As  I  never  had  any  desig 
against  the  king's  life,  or  the  fife  of  any  mai 
so  I  was  never  in  any  design  to  alter  the  gn 
vernment.  I  die  in  charity  v^ith  all  the  woriil 
and  therefore  I  heartily  pray  God  to  bleas  tl 
church  of  Christ  every  where,  these  jxMir  ni 
tions,  and  the  king's  majesty  ;  and  I  heartii 
commend  my  soul  to  God's  infinite  merr 
through  my  blessed  Saviour,  Jesus  Christ. 


Remarks  upon  the  Award  of  Execution  against  Sir  Thomas  Arm 
STRONG ;  by  Sir  John  Hawles,  Solicitor-General  in  the  Reig 
of  William  the  Third. 

trial  to  sir  Thomas  Armstrong,  which  waanen 
denied  any  person  before  nor  since,  wjhere 
was  agreeil  that  all  the  mtnesses  agiiiMt  til 
]ierson  accused  were  alive,  as  in  sir  Thomi 
Armslronjj's  case  they  were,  barely  upon  tfe 
quibble  of^thc  word  *  nMider,'  which  in  no  c 
that  ever  I  rciid  was  ditlerenced  from.^t  " 
but  in  one  cast*,  which  is  Smith  and 
case,  in  Cro.  Car.  58.  in  an  outlawry'  for  deb 
against  husband  and  wife,  which  will  not<9 
tend  to,  or  warrant  the  judgment  in  this  can 
and  if  there  were  but  a  doubt  in  the  case,  as 
canuot  be  denied  there  was,  the  outlawry  oogl 
to  have  lK*en  waved,  or  ut  least  counsel  1w  ll 
prisoner  heard  as  to  the  [M)int. 

It  was  a  vain  and  unjust  reason  (and  onl| 
tending  to  incense  tlie  thing)  assigned  by  A 
attorney,  that  the  prisoner  was  one  who  aett 
ally  engaged  to  go,  U]K>n  the  king's  hasty  cMl 
ing  to  town  to  destroy  him  by  the  Wifl 
whereas  the  prisoner  offered  to  pro\'e  his  intfi 
cence  in  that  and  other  matters  of  wbk^_  1 
was  accused  :  and  even  that  objection  agaili 
him  was  an  invention  of  the  attorney's,  i 
any  thing  appears  \  but  then  it  was  remlvw 
stop  at  nothing,  and  success  had  made  tb^ 
fearless.    Fitzharris  and  Colledge  it  was 


AT  common  law,  if  a  person  was  beyond  sea 
when  an  outlawry  was  pronounced'  against 
him,  it  was  an  error  in  fact,  for  which  the  out- 
lawry was  to  be  reversed  ;  and  it  is  ah  error  in 
all  outlawriw  but  fbr  high  treason  to  this  day. 
By  the  6tti  of  Edward  6th,  that  error  is  taken 
nway  in  high  treason,  but  there  is  a  proviso  in 
that'statute,  that  if  the  person  outlawed  shall 
within  a  year  afn^r  the  outlawry  pn>nounced, 
yield  himself  to  the  chief  justice  of  the  King's- 
bench,  and  oH'er  to  traverse  his  indictment, 
and  on  his  trial  shall  be  actiuitted,  he  shall  be 
dischai-ged  of  the  outlawry.  Upon  the  con- 
sti'uction  of  this  statute,  no  judgment  was  ever 
given  that  I  know  of ;  and  the  reason  is,  no 
man  outlawed  was  ever  denied  a  trial  till  this 
time,  if  he  was  taken  within  a  competent  time. 
The  reason  of  making  that  statute  was  this ; 
men  would  commit  trc^ason,  and  presently  fly 
beyond  sea,  and .  stay  there  till  ttie  witnesses 
who  should  prove  the  treason  were  dead  ;  then 
retnm,  and  reverse  the  outlawry  for  the  error 
of  their  being  beyond  sea ;  and  the  witnesses 
being  dead  they  were  safe  :  and  therefore  this 
statute  takes  away  that  error  in  part,  though 
not  in  the  whole,  and  doth  in  effect  say,  that 
the  person  outlawed  shall  not  have  advantage 
of  tnat  error,  unless  he  comes  and  takes  his 
tiial  within  a  competent  time,  which  that  statute 
limits  to  a  year  al\er  the  outlawry  pronounced. 

This  being  phunly  the  sense  of  the  statute, 
was  injustice  to  deny  the  favour  or  right  of  a 


had  hard  measure,  and  that  their  cases  bM 
be  forgotten,  their  quarters  were  buried ;  ■ 
sir  Thomas  Armstrong's  were  exposed,  tboOl 
the  proceedings  against  him  were  equally.  | 
unjustifud>le  as  in  tike  other  two  cases. 


STATETRI ALS,  36Ch arlesII.  l6S4,.^Proeeeding9, against  TUugOates.  [126 


Proceedings  on  a  Writ  of  Inquiry  of  Damages*  between  his 
Royal  Highness  James  Duke  of  York,  in  an  Action  upon 
the*  Statute  <Ic  Scandalis  Magnatum,t  and  Titus  OATES,f  in 
the  King's-IJench:  SSC^harles  II.  a.  d.  1684.§ 


Imyil  highness  the  duke  of  York,  haTing- 
^  la  action  a^inst  Titus  OateSf  ^roundecl 
ilhcrtatntc  tie  SramUIis  Matrnatiim,  for 
rimderous  and  opprobrious  words,  the  de- 
ls to  the  Writ  of  Inquiry  to  assess  da- 
Id^  and  the  execution  of  it,  nee  tbe  Books 
Ptacbcc  and  the  Laiv  Dicttooar^*,  title 
i^nent  1;"  title  ''Writ  of  Inquiry  to 
■  Oamaj^es."  Under  tbe  first  of  these 
iiilbe  Law  Dictionary,  edition  of  1U09, 
■U,  ^*  the  number  of  jurors  sworn  upon 
■fMSt  need  not  be  confined  to  twelve  ;'* 
fa  BQie  is  laifl  down  by  Mr.  Christian  in 
ill*  S  Blackst.  Comm.  .'^98  ;  hut  no  au- 
ihria  suj^port  of  the  posiiion  is  citcu  except 
Gmc  ot  OHtea :  ideb  qua^e.  It  appears, 
hdOL  Comiu.  398.  Law  Diet.  tit.  Judg- 
i  1^  that  by  the  judipiicnt  out  of  which 
Wnl  of  Inquiry  arises,  <'  the  sheriff  is 
■Miled,  that  bv'the  oaths  of  twelve  honest 
i^mhd  meo,  be  inquire,"  &c.  For  the 
U'wgf  in  ciTil  suits,  the  sheriff  is  coin- 
■Ml  H  diat  he  cause  to  come,  &cc.  tweke 
^  ai  kvfal  naeu,  S^c.  to  recoy^nise  the 
fk^kt.  Hee  Law  Diet,  title  Jury  IV.  As 
tIblVik  if  Inquirv  in  Replevin,  see  Scl- 
llfiViiMn,  Replevin,  sect.  9. 

f  Alii  Aeietion  for  Scandahim  Marrnatntn, 
^  M*ja*i  Abridgement  of  the  Law  of  Nisi 
**      *    .  Sounder. 


.  ia  tills  V<»liime,  the  Reports  of  his 
Sir  Peijury  on  the  8th  and  «Jth  days  of 
MBS. 

t^fteCrequency,  about  this  time,of  prosc- 
■■H  fcr  de&maiory  speeches  and  writing's, 
'~^  I  way  be  formed  from  the  follow  in'*" 
I  extracted  from  Narcishus  LuttrelFs 
t «  Brief  Histnrif;al  Relation,"  &c. 

I^liv.  98lfa,  1(»B2,  btin<r  the  last  day  of  the 
^  Mr.  PULingf cm,  late  sheriff  of  tioudun, 
piM»ihe  court  nf  Rinse's- liench,  and  ren- 
Undf  into  custody  iu  discharge  of  his 
IhAeSkaodalum  Ma^natum  by  the  duke 
ifuostbim. 

}  3d,  1683,  was  a  trial  at  bar  iu  the 

iu  a  Scandalum    Ma^^natiun, 

the  duke  of  Onnond  a|f dinst  Mr. 

•pttcringtDn,  for  speakini;^  these  words 

PS  Iht  be  was  a  Papist  aiid  in  the  Irish 

Ifailtv  of  hiirh  treason,  to  bis  damage 

~iM.    fbis  was  tried  by  a  substantial 

ki  eouoty  of  Surrey :  the  witnesses 

^  tbe  words  were  Narrative  Smith 

ttWarcup,  who  swore  very  home; 

Miiidiiit  making  little  defence,  the 

ite  guiag  frou  the  bar,  timnd  fur 


fendant  suffcretl  judgement  to  go  against  him 
by  default,  uud  thcreui>on  a  writ  of  inquiry  was 
taken  out,  directed  to  the  sheriff  of  the  county 
of  Middlesex,  to  enquire  by  a  jury  of  that  county 


the  plaintiff,  and  gave  him  10,000/.  damages  ;^ 
upon  whicli  Hatherington  rendered  himself 
into  custo<ly  in  discharge  of  his  bail. 

<<  April  30,  ICStl.  In  the  afternoon,  at  the 
Nisi  Prius  for  the  county  of  Middlesex,  before 
the  liOrd  Chief  Justice  Jeffcrys,  George  Caw- 
dron,  steward  to  the  earl  of  Clare,  was  tried 
upon  an  information  for  speaking  very  scan- 
dalous and  seditious  words  of  his  majesty  and 
the  government,  and  was  thereof  found  guilt}'. 

**"May  3d,  was  a  trial  at  the  King*s- bench 
liar,  in  an  action  of  S«!andalum  Magnatum,  by 
his  Royal  Highness,  brought  against  John 
Dutton  Colt,  es((.  a  member  of  parliament  for 
the  borough  of  Lcmster,  for  very  scandalous 
words  spoken  of  the  Duke,  which  words  being 
fully  proved,  the  jury  went  from  the  b:ir,  and 
presently  came  in  and  found  for  the  plaintiff, 
and  gave  him  damages  to  100,000/. 

'*  His  Iloyal  Highness,  some  time  since, 
commenced  an  action  of  Scandalum  Magnatum 
against  Sir  Francis  Drake,  bart.  of  the  county 
of  Devon,  for  words  spoken  by  him  of  the 
Duke  about  four  vears  siuce;  wluch  he  hearing 
of,  and  that  a  writ  w  as  coming  dow  n  iw  arrest 
him,  tiiought  tit  to  abscond,  and  is  since  gone 
beyond  sea,  and  has,  as  i:;  suid,  dis|)osal  of  his 
estate,  thinking  it  better  to  ha\e  his  liberty  m 
•A  foreign  country,  than  be  laid  up  iu  his  own 
for  100,000/. 

**  His  Royal  Highness  has  brought  his  ac- 
tion (if  Scundahiin  I\lagnatum  against  Dr. 
Tiius  (>ates  for  words ;  aud  not  being  able  to 
lind  bail,  he  wjis  committed  to  the  Compter,  * 
and  since  turned  over  to  the  King's-beucb. 
prison  by  ITubeus  Corpus. 

"  9th.     Kdward  Noteworthy  the  younger, 
esq.  plead(»l  at  the  court  of  King's^bench  >'ot 
Guilty,  to  au  inforuiation  for  these  words :  He 
hoped  to  see  the  judges  hanged  that  tried  Fitz  v 
liarris. 

"  12th.  George  Cawdron,  convicted  som< 
time  since  for  seditious  words,  came  to  recei\*{ 
the  judgment  of  thr  court,  which  was  to  pay  a 
Hue  of  100/.  to  stand  [qu.  in  the  pillory]  in  thu 
Palace-yard,  at  Westuiinster,  aud  in  Clare- 
market,  to  fmd  surelirs  of  his  gcKMl  behatiuur 
for  life,  and  be  committed  till  this  l>e  done. 

"31st.  Kol)ert  Julian  came  t:»  the  court 
of  King's-bcnrh,  and  pleaded  Not  (luilty  to  an 
information,  for  making  and  pubiisliinir  that 
sciuidahms  IIIm^I,  lM*ing  a  ballati  to  the  tune  of 
"  Ohl  Sinum  the  King.*' 

"  June  Hill.     J'ranci>  Smith,  bookseller, 


STATE  TRIAfJS,  5<S  Cn.II,  }6nu—Pn>(redhf^$btiw€m  (ke  D,  vf  Vork  [1 

fihould  bfc  oxrcuted  nt  tboharoo  this  ilay,  \ 
tbiit  ilie  hi^li  Micrifl*«)iotilda|i(M^r  nml  ar 
cheexecutiod  of  the  writ  in  penwri.  Accordi; 
Iv  ibis iluy  sir  Peter  Daniel,  kt.  and  Sooii 
fliwUuwMl^  e*q.  the  ihen  sheriffs  of  the  ro«o 
(if  MickltcMMrx,  came  into  tliis  court,  iitiil 


iwbaldacnage&tlie  plaintitrhml  sustained  there- 
bVf  Mttd  upon  ft  inoiioii  madf?  ai  lite  court  riT 
KuigVbrnch,  a  day  was  14-ivfm  to  Uie  di»f«>u- 
dant^  to  shdv  caUfeVhy  l^at  writ  of  inquiry 
■liauld  not  he  executed  at  the  bar  of  thul  i>jw% 
which  be  Qot  doing,  it  wa»  ordereil,  that  it 


nt  the  Ele^jhant  and  Castlef  in  Comhill,  was 
tried  bdbre  the  Lord  Chiel"  Justice  JeflVrys, 
%tju>x\  an  iitformalion  for  Rritidii£[^  and  publish- 
ui^  ft  scandnlous  lihel  callc<i  The  flaree  8he» , 
ul' which  he  wils  foiiuil  giulty , 

•^  June  18th.  8ome  time  since  the  duke  of 
York  broMg'hl  his  actioti  of  ^icandaJum  Hag- 
tiatum  against  I>r.  Oatcs,  upon  which  he  w^s 
ajTCJiteii  and  committed  for  wunt  of  hsiil ;  be 
thou^t  it  not  fit  to  stau'l  a  tnal,  so  lot  jinlg- 
inent  pass  by  default,  upon  which  u  \Viii  of 
Ivnquiry  of  dania|i?ei4  was  nnited  for,  and  or- 
dered tabe  at  the  KJnj^*!^- bench  bur  ihiH  day  ; 
nhich  Qccording-ly  came  on,  and  a  {iiry  Was 
aworOi  the  shcntfa  of  Middlesex  att«?ndin«;' :  the 
ivordiv  were  proved  Tery  fully,  being-  very  hcmi- 
daloti!(,  with  several  other  malidous  \i0rd5  of 
hif  tjtoken  of  his  Royai  Highness ;  so  thiit  the 
jury  assessed  damages  to  100,000?,  and  20*. 
costs  of  suit.  The  words  were  ^jKikeii  two  or 
lljree  yetwrs  ago ;  atid  the  dijfendant  niride  no 
dd^ce  mi  mS^  nor  did  any  one  a^^pear  fur 
litm. 

*'  One  Hindmarsb,  a  bookseller,  convicted 
of  printing  and  rnjl>ii^)n:nrr  n  Mnsphemoufi  hbel^ 
entith-d.  The  1  ler  NosttT,  was 

iieniLntt*e<l  to  p.  _ 

•*  Francis  Hnnih^  convicte^i  Intdy  of  printiDij 
and  publishing^  that  hltel,  called,  'Tbt  Raree- 
Shew,  was  brotighi  the  18th  to  the  Kinsf*s- 
bcnch  bar,  and  sentenced  to  pav  a  fine  of  M)Oi. 

^Aand  in  the  pillory  at  the  Wlaceyard,  at 
Iminster^  at  ihc  i* emple,  aiul  at  the  Royal 
bange,  and  the  libel  to  be  burnt  by  the 
foranion  banffiuan,  and  to  have  a  paper  set  on 
biiii  sdiinilyiftg  his  crime  ;  to  Hod  Nurelii-^  for 
hb  ^ood  behariotir  for  life,  and  bu  committeit 
till  all  this  be  done. 

*♦  Nov,  3d,  163^,  Robert  Nicholson  and 
Wm.  Dalby,  two  of  Oates*s  men,  pleadetl  Not 
Guilty  to  iotbrmarrous  far  speaking  scandalous 
and  seditiou«f  word^j  of  the  Kiog^  the  Duke,  and 
the  Government. 

"  Nov.  13th.  One  Harris,  an  attorney,  of 
WmdbOf,  convicted  of  speaking  steditious  words 
again^  tlie  king,  was  sentenced  to  pa}*  twenty 
nobles  fine,  and  to  stand  in  the  pillory  at  Reatf- 
iDg,  Abitigilon,  Newbury,  and  Windsor. 

•*  The  same  day  alsiti,  Julian,  secretary  to 

the  ,    convicted  for   publishing  many 

■candalons  lilieJs,  was  scnlcnrcil  to  pay  100 
marks  fine,  to  stand  in  the  pillory  at  West- 
minster, at  Chi»ring-cross>  and  at  bow- street, 
and  to  be  boood  to  his  good  beliaiiour  during 
Me. 

**  13tii,  wn%  a  trial  at  the  King's-bench  Ijar 
against  Mr,  Edw.  Nojicworthy,  for  seditious 
irords,  in  saying.  He  hopt-f!  to  live  to  see  the 
judges  hant;iHl  that  tried  Fit/^surris,  This  was 
lata  tt>  bt  don«  m  WiltshircN  but  tha  witnesses 


testifying  the  words  to  be  spoken  in 
shire,  he  nas  acuuitted. 

'*  15lh.  Nathaniel  Thompson,  the 
printer,  was  brontrht  to  fhf  court  of  Kinj* 
bt2»ch,  and  p|e;idL'd  Not  ftuitty  to  an  indli 
ment  for  printing  and  pntdishitig  a  soiindak 
popish  likl,  enlitJcd,  The  IVtwIigal  Son 
tnincd  hnni**;  which  denies  the  king-**  sup 
macy  in  ecclesiasitical  atfairs. 

**"20th.     Elias  Bosi,  convicted 
since  for  drinking  a  bijlth  to  th< 
pious  Stephen  Colledtje,  xtn^  ^'" 
court  of  King*S'beitch,  and 
1,000/,  fine,  to  stand  in  the  ^ 
minster,  at  the  Kx change,  and  ut  Guddti^ 
for  the  space  of  an  hour ;  be  bound  to  Uk  go 
heUuriour  for  life,  and  be  committed  till  thisf 
done. 

**  2(3tli.       Nathaniel   ^ 
thcri?  for  nrinlini^  ond  p»i 
popish    li(>el,  calletl,    The    s*n»ai;^\ii  ni 
liomc,  and  ihert^ot  found  gnihy. 

*  '2Hth.  .Mr.  Butler,  of  N-v*!' "-  ♦  -■ 
convlcteil  the  last  assises,  for 
readrng  the  Addn*ss  of  the  F. 
county  to  the  &  night ^i  of  the  ^ 
l*urliamcnt,  was  brought  to  lh» 
bench  to  receive  the  juilgincut  «f  tUr  ixmti, 
which  «ns  to  pay  a  fine  of  500  marks,  to  ti»ii 
sureties  J  or  his  gt)od  b^javiour  for  life,  and  be 
committed  till  this  is  done, 

''  Jan.  93d,  1684-5.     Being  the  finl^ 
term,  several  persons  appeared  at  the  < 
King^s-bench,  being  bound  thereto,  a 
their  app^rances  recorded.     Then  also,  Milj 
Fleet woiid  and  sir  Thomas  Hamwell 
Not  Guilty,  for  publish inj^,  jjrinting,  i 
iug  a  liWI  called,  An  Address  to  the  j 
of  the  Shiie  for  the  Coimty  of  Northa 

*'  23d,  Mr,  Henry  Baker  pleaded  Noil 
to  au  information  for  scandalous  words  a^ 
Che  duke  of  York ;  as  also  one  Norden  did  ' 
an  indictment  for  publishing  the  acaadalo 
libel  in  vindication  of  the  lord  of  Essex. 

*'  Then,  also,  sir  Scroop  Jl 
Guilty  to  an  Information  for  t.^ 
fleeting  words  on  the  duke  of  \  ^t  n.. 

^'  F'eb.  11-  The  same  day  Didhy  and  3 
cholson,  Oates*s  two  men,  convicted  forsficd 
ing  seditious  and  scnndalous  words  againit  I 
late  niajesiy  anil  ilii*  prt*seot  king»  were  91 
tenced  eacli  to  pay  to/,  fine,  find  sureties 
life,  and  stand  in  the  pillory  in  all  Uie  reroi 
able  parts  of  the  town. 

♦»  Nov.  16,  1686.    The  court  passed  j 
ment  00  the  attorney,  Mr.  Edward  ^ 
being  convjcted  of  speaking  w  ords  againit  I 
t'barles  the  F'irst ;   he  wa^i  adjudged  to  ] 
when  taken,  100  iiiark*fme,  and  he  impri 
till  paid." 


STATE  TRIALS.  36  Chtarles  11.  j684.— «iii{  Tilut  Gates. 


[130 


e  taUe  at  the  jud^^  feet,  ivcir, 
■Bcutiou  of  the  writ,  covrred.    Mr. 
■  the  then  Under-Shcriff  maaaged 
eeded  in  this  manner. 
trif.  Crier,  call  sir  Charles  Lee. 
OS  avez  sir  Charles  Lee.    [Who 

eriffl  Yoo shall  well  and  truly  cn- 
agcs,  between  the  most  illustrious 
s  dufce  of  York  an<l  Albauy  plain- 
ts Oites  defendant,  and  tdercin  a 
pve  according  to  your  evidence. 
God. 

ereat  were  sworn  thus  . 

friff.  Sir  William  Hill,  sir  Richard 
id  air  John  Berry  ;  the  same  oath 
B  hath  for  his  part  taken,  you  and 
Ibr  jour  parts,  shall  well  and  truly 
elp  TOO  God. 

trifi  Thomas  Harriot,  Thomas 
'alter  Brydall;  the  same  oaili,  '!kc. 
•e,  Thomas  Done,  and  William 
■me  oath,  Vc  John  Sharp,  and 
fBoU  I  the  same  oath,  ^4:. 
iaaae  to  have  any  more  than  twelve 

SrOeor|i;e  Jefferies.)  How  many 
iHfe?  Prmy  swear  au  odd  number 
m&o. 

wif^  Then  I  will  swear  three  more, 
%■  just  fifteen. 

iBven,  Nichohis  Baxter,  and  John 
i|Mne  oath,  &c.  The  names  of 
^  upon  the  Inquiry  :  sir  Charles 
Wmt  William  Hill,  knight,  sir 
■Mon,  kt.  sir  John  Herry,  kt. 
■iot,  Thomas  Row,  Walter  Hry- 
I  Qttise,  Thomas  Dune,  Willi.im 
iflharp,  Noheniiah  Anioltl,  Franris 
halaa  Baxter,  cscjnircs,  John  Kirk, 

mif^   Gentlemen,  you  are  sworn, 

I'awriL 

ftytreaditto  tlicm. 

iiny  *•  Charles  II.  by  tbt  Grace 
d, Scotland,  Fraiu'e  and  (ro- 
of the  faith,  Ncc.  to  the 
K,  Grc'utin^  ;    wlitTcas  th.* 

law  orince  James  (hike  of  York  and 

V  at    the    noblcrs    and     po<Ts  uf 

V  mist  dear  and  only  brother, 
1^  &C.  lately  in  our  court  Itcfure 
■hater,  by  bill  wiiiKMit  our  writ 
HlMOates,  then  in  the  ciistolyof 
Itfoar31arshal««ca,b(>iore  us  h<Mni>f, 
RM  in  a  statute  made  ill  the  pur- 
llhard  9,  late  kini;  uf  En;;l;uid  after 
l(  tiddatGloucesUr  in  th(^  second 
l^iBfl  unongKt  other  thintfs  :    it  is 

etty  probt]>ited,   '  That  from 

I  be  so  hardy  to  devis<',  tell 

a,  flukes,  earls,  barons, 

■  and  great  men  of  England, 

r,  treasurer,  or  eierk  of 

1  of  the  KiD4,^'tf  housc- 


*  hold,  justices  of  the  one  or  the  other  bench, 

*  nor  of  other  g[reat  officers  of  the  kingdom 

*  aforesaid,  any  false  news,  lies,  or  any  such 
'  false  thinp^,  whereby  scandal  or  discord  with - 

*  in  the  said  kini^dom  might  arise ;'  and  whoso- 
ever should  do  thU,  should  incur  and  ha\c  the 
penalty  otherwise  thereon  ordained  by  the 
statute  of  Westminster  the  iii-st,  as  in  the  sta- 
tute aforesaid  is  more  fully  coutaiued.  '  And 
whereas  the4th  day  of  Decemljrr  hi  the  35th 
year  of  our  reijyn,  and  lon|f  before  the  yearly 
rents,  issues  rnd  profits  ari.sin[r,  n:*  due  and  pay- 
able for  or  bv  reason  <»f  the  (;^enera1  post-olfice 
within  this  Iclnffdoni  of  £o{>^land,  for  the  car- 
riajLfe  of  letters,  before  were  ercrtetl  and  yet  are 
established  upon  the  said  most  illostrious  prince 
Jame:  duke  of  York  and  Allmny.  The  afore- 
said Titus  Gates  the  statute  aforesaid  not  coiisi- 
derinyr,  Imt  the  ijootl  name,  slate,  credit,  dimiity 
and  honour  of  the  said  James  duke  of  York  and 
Albany,  our  bnither,  devising^  and  maliciously 
intencfinsr  to  hurt  and  detract,  and  him  tjie  said 
James  duke  of  York  and  Albany,  our  brother, 
into  the  g^reat  displeasure  and  hatre«l  of  us,  and 
ofthe  peers  of  this  kinpfdom  of  Kng^land,  and 
also  divers  other  vcucrahle  persons  our  subjects, 
to  bring,  out  of  his  meer  malices  and  envy  had 
and  forethought,  the  aforesaid  4th  day  of  De- 
cember, in  the  year  of  our  r«*igTi  ilieS5th,  at  the 
parish  oflSt.  Martin  in  the  fields  in  the  county 
of  3Iiddlesex  aforesaid,  uikui  a  certain  discourse 
then  had  and  muve<l  by  and  between  the  afore- 
said Titus  Gates  and  divers  of  uur  liege  people, 
of  and  concerning  the  aforesaid  James  duke  of 
York  and  Albany,  our  brother,  and  of  and  con- 
cerning a  certain  letter  in  the  hand  of  the  afore- 
said Titus  Gates  at  that  time  being,  divers  false 
news  and  horrible  lii*s  of  the  aforesaid  James 
duke  of  York  and  Albany,  our  brother  at  that 
time,  and  yet  being  ofiiie  peers  and  nobles  of 
thia  kingdom,  in  the  presence  and  hearing  of 
divers  venerable  persons,  publicly,  falsly,  mali- 
ciously and  scandalously  sjiid  an<l  relate<l ;  and 
with  a  loud  voice  pubiish(><l  in  those  English 
wonis  following,  viz.  *  This  letter*  (the  letter 
aforesaid,  so  in  the  hands  of  thorafoi-esaid  Ti- 
tus Gates,  as    is   h(>iorcsaid    being,  meaning) 

*  cost  uie*  (the  said  Titus  Gates,  meaning)  *  nine 

*  penci,  and  migiit  have  been  brought  for  a 

*  penny,  I  niiniseli'tlu!  aforesaid  Titus  Gates 
nii^nning)  '.  Know  noftody  is  the  better  for  it, 
^  but  that  tniitor  Janus  diike  of  York*  (the 
afortsaid  James  (hike  of  York  and  Albany 
our  only  brother  iin^aning.)  And  the  afore- 
said Titus  fnrtlnT  de>ising  an<l  malioi- 
ouslv  inteudi.ig  the  aforesaid  James  duke  of 
York  and  Alba!»y,  our  bn>th<'r,  into  the  hatred 
of  us,  anti  the  peers  of  this  kingiloni  of  Kng- 
land,  and  also  of  divers  other  venerabh- persons, 
and  our  subjects  to  bring ;  out  of  his  nieer  uia- 
Uce  and  envy,  had  and  furethouirht,  tin;  -itli  d.ty 
of  GtHXMiiber,  the  year  uln»>»-;'.iil,  at  the  parish 
of  St.  Martin  in  the  ii-.'liis  atiin-^uid,  in  thu 
coimty  of  Aliddlesex  afor<.*said,  upon  a  ciiiain 
other  discourse  then  had  and  movrd  by  and 
between  the  aforesaid  Tiles  Gates  and  several 
of  oiu   Mege  ]>ct)[tlc  of  and  coDcerniag  ihe 

K 


1^1]  STATE  TRIALS,  3ti  Ch.  IL  iSU^^Praceedings  httwem  fJU  D.  of  York  [131 

ouly  brother^  meauiag)  *  is  a  traitor/  Aod  tbe 
aforesaiil  Titus  Gate*  furtiier  contririDg^  and 
nialidou&ly  iiiteuding:  the  said  Jaicnes  duke  of* 
Vork  our  brntber,  into  ttie  hati^  of  us,  atid  of 
tbe  great  men  of  llils  Liugdom  of  fingiaiid, 
atid  al^  of  divers  otber  venerable  peraons,  anil 
our  tubjects,  U>  bring,  out  of  his  ineer  in^ice 
i^d  envy,  had  and  lorethoug^ht  the  aforcstid 
6th  day  of  December  the  3' ear  aboveaid,  al 
the  parish  of  St.  niiiriin  iD  the  fields,  in  the 
couDiy  of  xMiddlesex  albresaidf  upon  certatii 
otlier  discourse  at  that  time  had  nno  mored  by 
and  bctweeo  the  aforesaid  Titus  Galea  and 
divers  of  our  li^e  jwople,  of  atKi  coucemiiig 
the  aforesaid  James  duke  of  York  and  Albany, 
our  only  brother^  thvers  other  false  Devrs  aad 
horrible  lies  of  the  aforesaid  Jaraes  dtike  al 
Vork  and  Albaiiyi  our  only  brother,  1 
that  time  and  yet  being  one  of  the  ooblasl 
[Yecrs  of  tills k in js;dom  of  Euj^landi  to  the  pf^ 
stance  and  bearing  of  divers  venerable  persons^ 
publicly,  falsly  and  maliciously  said,  related^  and 
uith  a  loud  voice  publislied  ;  to  wit,  ^  tliat  the 
*  said  duke  of  York  M'as  a  baitor/  By  reason 
whereof  the  said  James  duke  <if  York  and 
Albany )  our  only  brother,  iu  his  reputation^ 
honour  and  digtiity  is  Tery  much  hurt  and 
scaudalized.  And  the  said  James  duke  of  York 
and  Albany^  the  grace,  good  oplnioa  and  esteeoi 
which  we  and  otli<^rs  the  great  men  of  tbu  king- 
doin  of  England  before  towards  him  James 
duke  of  York  and  Albany,  did  bear,  utterly  loti, 
and  divers  rumours  and  scandals  between  rery 
manv  uoblc«  and  peers  of  this  kktciloiii  of 
England^  and  other  our  subjects,  by  toe  ooca^ 
i»ions  alore^id,  Avilhin  this  kingdom  of  Eng-^ 
Ismd,  are  arijiieD  and  divulged,  and  great  scan- 
ilalK  and  discork  by  occasion  of  the  premiset 
between  huu  tlie  oioresald  James  duke  of  York 
and  Albany,  and  divers  nobles  and  great  men, 
and  other  subjects  of  this  kingdom  of  Em- 
land,  are  ariiven  ;  and  daily  more  aod  more  in 
the  like  may  arii>e,  to  the  great  disturbance  of 
the  peace  and  public  tranquillily  of  this  king- 
doiu  of  England,  and  in  contempt  of  us  and 
our  (government  of  this  kingdom  of  England^ 
and  to  the  ^reat  scandal  and  grievance  of  htm 
James  duke  of  York  and  Albany,  to  the  da* 
niLi£;;eof  him  the  said  James  duke  of  York  and 
Albany,  our  most 'dear  brother,  100,000/, ;  A$ 
he  then  said,  mid  thereupon  m  our  court  be- 
fore us  it  was  so  pr(K:eeae<l,  that  the  aforewiid 
James  duke  ol' York  and  Albany,  our  only  bro- 
ther, bis  damii^cs  against  the  said  Titus  0*«** 
Ijy  occaeioti  of  the  premises  ought  to  tei 
ilut  because  it  is  not  known  to  our  court  I 
tis,  tvhnt  damages  the  aforesaid  James « 
York  and  Albany,  our  brother,  hath  tui 
as  \vell  by  occasion  of  tlie  premises,  as 
costs  antfchaigea  bv  him  about  his  suit  i 
bcliair  expendetl.  'therefore  we  com  man 
that  by  the  f»atliB  of  good  and  lawful  tt 
your  bailiwick,  you  diligenlly  enquire  wjj 
mages  the  aforesaid  James  duke  of  Yo 
Albany  hiith  Husiaincd,  us  well  by  oocai 
the  prrmisLs,  a*  fur  his  costs  and  chaq 
him  about  bis  suit  ui  this  bebalf,  ex 


aforesaid  James  duke  of  York  and  Albany  our 
brother^  and  of  and  concerning  a  certain  lettei" 
in  the  hanil«j  0*'  the  aforesaid  Titus  Gates,  at 
that  tiuje  bein^,  divers  other  false  news  and 
horrible  lies  of  the  aforesaid  Jame^^  duke  of 
York  Jiid  Albany,  our  brother  at  that  time, 
and  yet  l>elug  one  nf  the  tiobles  and  peers  of 
this  kiugdoui  of  Eugbnd,  and  our  only  brother, 
iu  the  presence  and  heanng  of  several  venera- 
ble |>crsans,  publicly,  falsly,  mnliciousty  and 
scandiilonsly  said*  related,  and  with  a  loud 
voice  published,  viz.  *■  Thij*  letter*  (the  afore- 
said letter  50  in  the  Imnds  of  the  aforesaid 
Tiius  Gates,  as  is  bcforesaid  btfing,  mean- 
ing *■  cost  me*  (tlie  aforesaid  Titus  Gates  meau- 
in^)  *  nine  pence,  and  might  have  been  afforded 

*  Hir  n  penny,  1'  Jliiiisclfthe  aforesaid  Titus 
^^tcs  meaning)  ^  Jcnow  nobod}  is  the  better  for 
^ll,  but  that  traitor  James  duke  of  York'  (the 
kforesaiJ  James  duke  of  YoiK  o^-^r  **o]y  hiother 
ncuniiig.)  And  afterward:*,  to  wit,  the  5th 
av  ol  December  in  the  35th  year  above* 
aid  ;  tlie  aforesaid  Titus  Gates  further  devis- 

ySi^  and  maliciously  intending  the  said  James 

|duKe  of  York  ar^l  Albany  our  brother  to  scan* 

dali^Ke,   and  into  the  furthei    dls^deasure  and 

batred  of  us,  and  of  the  gicat  men  of  tliLs 

kingdom  of  England,  out  of  his  meer  malice 

untfcnivy,  had  and  forethought,  at  the  parish  of 

HL  Martin,  in  the  lields  aforesaid,  in  thtf  county 

^  Middlesex  aforesaid,  the  said   fiflh  day  of 

December  in  the  year  abovcsaid,  upon  certain 

rc*^'  iirse  of  the  said  James  duke  of  York 

,  divers  faUe  news  and  horrible  lies 

^oi  4 1 1 ;  J  M  r.  said  James  duke  of  York  and  Albany, 

li^ubllely,  tali  ly,  and  mulic  lull  sly  said,   relateil^ 

land  with  a  loud  voice  published,  to  wit'  That  a 

» letter  in  the  hands  oi'  the  aft^n  »»aiJ  Titus  at 

*  .that  lime  being,  cost  him  the  aforesaid  Titus 
*.  nine  pence,  but  might  have  been  brought  for 
^  one  p^nuy,  and  tliat  he  knew  no  body  to  be 

I*  llie  belter  forit^  but  that  traitor  James  duke  of 
'  York  /  And  th e  a fo resaid  Titus  Gates  furth  er 
^cotitiiviifgand  maliciously  intending  the  afore  • 
itid  James  duke  of  York  and  Albany,  our  only 
r,  tuto  the  further  displeasure  and  hatred 
^  and  of  the  great  men  of  this  khigdom  of 
and  also  of  divers  other  venerable 
J  persons^  and  our  suhjccls,  to  bring,  out  of  his 
MDeer  malice  and  envy,  had  and  forethought 
L  the  6th  day  of  Decanl>er,  in  the  35lh  >ear 
laboiresaid,  at  the  |>arish  of  St.  Martin  in'  the 
Ltelds,  aforesaid,  lu  the  county  of  Middlese:!^ 
[afore^id,  upon  a  cenahi  discourse  at  that  time 
I'liad  and  movetl  by  and  between  the  aforesaid 
I  Titus  Gates  and  several  of  our  liege  people,  of 
I  And  conceniing  the  aforesaid   Jamc!*  duke  of 

►  York  and  Albany,  our  brother,  lUvers  other 
[  la'se  news  and  horrible  lies  of  the  aforesaifl 
I  James  duke  our  onJy  brother,  at  that  time,  and 
L  yet  being  one  of  the  nobles  and  peers  of  this 
[  kingdom  of  England,  in  the  [»rcsence  and  hear- 
I  ing  of  divers  venerable  persons,  publicly,  falsly, 
[.mahciously  and  scandalously  said,  related,  and 

>  frith  u  loud  voice  puldkhed  in  these  English 
[  wordi^  following,  to  ml*  the  duke  of  York  V(tlie 

dbresaid  James  duke  of  York  and  Albayy,  our 


England, 


idlllBB  i 


>3 


STATE  TttlALS,  36  Charles  II   iS&i.—and  Titus  Oalei. 


^^^■llie inquisition  whkb  tlicreupriti  you   shall 

^^k.  ^<ia  ibftU  hare  beiore  tis  ai  Westminster 

^pWedonsdiiy  next  after  ihree  weeks  of  tLe 

^Wy  Tdinily,  under  your  «eal,  and  the  seals  of 

ihcm  by  whose  oath  you  take  that  inquii^ition) 

flistjoctly  aod  openlv  you  send^  and  this  writ. 

Teste  wO^OTgGieflreries^  Knii'htand  Baronet, 

^  Westminster  the  thirtieth  day  of  May,  in 

l]ie  y  ear  of  our  relg-n  the  thi  rty '  Kt?ct  b . 

"  Ri.  Sifift,  Henlev." 

Ifou  ftre  to  (Inquire  nhat  damage  hi^  royal 
fcyhiifM  tbe  {lUuDliir  has  soi^taincJ,  by  mvmiA 
4ilbe  |ir«0U9e»  ;  ss  also,   w hat  cost^  he  has 
Ittiti  ttUMSUlL 

Jr.  BMt$e$.  May  it  please  your  lordship, 

K)fr.  Hlien0^t  ead  gnitlcoien  oftlie  jury, 

I  roryai  hiij^hness  the  duke  of  \  ork  is  plain- 

I  aod   Titns  Gates   is  the  defendant  :  and 

,  m  an  arlioti  of  tr^spas^i  and  contem[itj 

(ted  upon  the  statute  of  Scandal  urn  Mag^- 

I  wbenmi  bis  royal  hig'hiiess  sets  forth, 

i  8ucb  a  statute  \ras  made,  prohi- 

;  standering  the  great  men  and  peers 

^dom,  and  the  plaint  iff  being  the 

brother,  and  a  peer»  the  defendant 

CHtrse  between  him  the  defendant 

other  persons,   aljout  a  letlvr  that 

at  had  then  in  b«  hands,  publicly, 

TUfith  an  intent  to  scandalize  tfie 

f,  ffpoke  these    English  words  :    *  This 

neoniDg  the  letter  then  in  the  defen- 

'«)    •  cost  roe*    (meaning  the  de- 

pence  and   tni|nrht  have  been 

a  penny  j  I  (imraLiing"  the  defcu- 

nobody   is    the    litftter    for  it, 

lor  James  duke  of  York  ;*  inean- 

tiC 

D,  this  is  not  all,  the  Declaration 
ftaoa  ftirther,  and  says,  that  the  ilefpodant 
TttEmliiig  further  to  vtWdalize  tlie  plaintiff,  the 
^of  Efert*fiiber  in  the  35th  year  of  this  kings 
ii|mi  a  fi:^.-i^"«.«.^>  hiid  aud  moved  by  and  be- 
taatu  h  iidnnt  and  ^onte  other  per- 

■Uki,  in  k  ,  11  CO  of  divers  venerable  per^ 
•Boa,  add  tiicse  words  of  the  plaintiff:  *  The 
*4ake  tif  > Hrk'  (meiuirn^  the  pliiintiff)  *  is  a 
*1Aiilor  :^  aud  this  is  Ifdd  to  the  plaintiff N 
kma^  of  100,000/.  :  the  defendant  has  not 
pluded,  atiil  the  plaiT>tiff  has  si^^ned  his  jtnlg- 
Aot;  a»d  now  yon,  t^ntlernen,  are  to  enquire 
«f  the  diniag^es. 

An.  Lien.  (Sir  Robert  Sawyer. I  You  ob- 
ferre,  ifentlemen,  the  words  are  aelcnowlcd'^ed 
by  the  dciendant's;  (K  Ihuit,  and  n<*t  pl'^fidinu" ; 
i»lbatr^'  •^  ^«^   *'  «i  *  f.-u  iso^netl  1)^  him,  and 

foa  are  of  the  dnnmtr«LS  :  ^m\y 

tbiiik%  :  I         I  niitliiny' to  iKi  sarilfor 

Ibt  ag^raYAUon  of  ti^em,  they  ure  words  oftlie 
fatebcat  nature,  in  lespeft  of  slander  and  scau- 
m,  that  can  be  »[H)keu  or  th(»t*t;ht  of,  uccusin^ 
Mm  of  treason.  We  lihull  only  eall  yon  some 
wteCMMSi  to  prove  tiii^  way  of  discoun;e  to  be 
ftlicsiiitint  habit  in  all  plai-es.  and  among  all 
aod  eom|»  uiH  the 

Dent,  ami  y  myul 

ibe    pkUiUi  ,    ^1111    M^*'^^    yfii    Will,    I 


know,  ^Te  such  damages  as  may  be  fit  to  re- 
pair the  plaintiff's  honour. 

Sol.  Gen.  (Mr.  Finch)  We  will  call  some 
witnesses  to  give  >  ini  an  account  bow  he  Uiies 
to  treat  the  jdaimiff  in  all  cmnpnnieSt  cod  wc 
shall  be^in  with  Mr.  Siiuth.  And  the  truth  is, 
the  proving ot  the  wonls,  will  dcnionstrate  iho 
malice  of  them  ;  and  the  manner  and  c-ircum- 
stances  of  speaking,  uill  make  them  appear  to 
be  such,  as  ueeil  nothing'  to  be  said  for  their 
aggravation  at  all.    Swear  Mr.  James  Smirh, 

Under- She?  iff\  The  evidence  that  you  shall 
give  to  the  shprlffs  and  the  jury,  sworn  about 
the  matter  in  question,  shall  he' the  truth,  the 
wljole  truth,  and  nothing  but  the  truth. 

Siii,  Gen.  Mr*  Smith,  pray  will  you  tell  the 
court  ami  the  jury,  what  you  have  heard  the 
defenfhiTit  Oal  essay  of  his  royal  highness 

jSwif/t.  At  the  last  Westminster  narhament, 
as  I  was  sitting  in  a  coffee-houne,  I  saw  ^|r. 
Dates,  he  had  a  letter  in  his  hand,  and  he  said, 

*  This  letter  cost  me  nine  pence,  it  might  have^ 

*  l»een  brought  for  a  peony,  1  know   noboily 

*  that  is  the  belter  for  it  but  a  traitor,*  to  the 
best  of  my  remembrance  he  said,  *  the  iluke 

*  of  York/ 

Att,  Ocfu  Swear  Mr.  Pennistnn  IVhaley* 
[Which  was  done,]  What  words  did  you  hear 
Mr.  OatM  sav  of  his  royal  highness  ?  ' 

Wfitiiey^  iHie  lime  was  either  tlie  Easter  or 
Wliit?iuntide  after  sir  Thomas  Gascoigne's 
trial. 

Sof  Gau  What  were  the  words  you  then 
heart]  him  !;ay  ? 

?f7m%-  It  was  at  the  bishon  of  Ely 's  table  ai 
Ely  house.  1  had  received  the  Nacrament  at 
the  cbapel  there  that  day,  aud  so  had  thi^ 
Boctor  too  ;  it  was  upon-  Easter- day  or  Whit- 
sunday, 1  sup{K)!<e,  becsmse  I  never  useil  fo 
receive  the  Siicrament  here  in  town,  hut  one 
of  those  two  times,  and  Dr.  Gates  and  1  were 
sitting  there,  and  some  discourse  happened 
about  sir  Thomns  Gascoigne*s  Trial,  aud  he 
fell  very  foul  upon  the  jury,  and  said,  *  They 

*  were  a  contpany  tif  profligate  villains*  (or 
some  such  e\pre$(<rions  as  he  was  wont  to  use) 
and  said,  *  He  would  have  them  attainted/. 
Then  said  1  to  him,  llnctor,  you  are  a  good 
man  at  a  matter  of  tlict,  hut,  I  doubt,  you  are 
not  so  at  a  matter  of  law.  Upon  that,  we  came 
to  some  high  u  onls  about  that  and  other  things, 
aTvd  among  the  rest  of  the  discourse,  he  said, 

*  The  duke  of  >  ork  was  a  traitor/  Upon  that 
1  s:iid  to  him,  Ihictor,  you  lie  umler  a  gredt 
error  in  that,  I  suppiwe,  by  u^istaking  a  rtta- 
tt'.tc  made  against  popery ;  says  l*e,  *  No 
'  matter  for  tlkit,  I  say  he  is  a  traitor.'  Then 
there  were  some  other  ilisenuracs  happened 
afterwards,  and  I  began  to  reply,  aud  growing 
both  of  us  pretty  wanu,  the  l>f>ettir  called  to 
his  two  men,  his  luyinudons,  that  a'^etl  to  be 
alu  nys  with  him,  and  iollow  him  up  and 
down  :  said  1  to  him,  Nay,  Doctor,  you  need 
not  call  your  men  to  vour  us«*istance,  there  is 
n<[  '  '*  •  '  v(»u  ;  do  you  think  the 
It  [Hit  a  protection  good 
eoni. ;:,,  „a  Einv  iwiY  iiiat  comes  here  ? 


i35]  STATE  TRIALS,  36  Ch*  IK  iSU^ProeeB^theiwemthfD.o/yWk  [136 

X.  C  J.  Where  wai*  tliiu.  Sir,  pray  do  you 


fay  ? — Whaley.  At  the  bbbop 

X.  C\  X  VV^as  tlie  bishop  tbere,  then  ? 

Whaky.  He  vius  at  ibe  table,  hut  at  a  great 
pdistttuceirom  tw»  the  Uoetitr  atid  I  sat  at  the 
[lower  eml  of  tlie  table.  Aiierwardii  I  bt^g^ffd 
kibe  bt^Unp  of  Ely^s  pardon^  lor  lining' so  Wt 
Lftiul  liiud  :tt  his  tubte  ;  bay»  ibo  bi«iho|)  to  me, 
t  ■  i  I  bank  you  kindly  for  it^  none  of  us  dare  talk 
l'  Kidi  bull.' 

X.  C.  J*  Aod  tbia  you  say  was  at  dintier 
oftrr  till'  Sacrament  w  «k  over*? 

W hairy.  Yes,  it  waa  so. 

Mr.  Softh,  Tti«ii  swear  Edw.  Johnsoo. 
[Wbicb  WHS  done.] 

JH,  Grn.  Mr,  Johnaont  Pi"ay  will  you  giv<; 
f  lite  court  and  jun*  an  accouul,  Vvhat  tWoursc 
r.youhtt^e  beawJ  from  the  dctendant,  Mr.  Gates, 
I  a^a)u<»t  the  jiLinlitY* 

Jghmon,  Upon  the  ?3nl  of  Aupist,  1680,  1 
^  met  Dr.  Ofttr^s,  auti  said,  i^ood* morrow  Doctor, 

[  all  tilings  will  3^0  utll  xiitw 

L  X.  C,  J.  You  meati  him  tljey  call  Dr.  OatcB, 
F )  aupposv. 

L  Johnson.  Y'es,  they  usied  to  call  him  so; 
Lsnid  1;  ^oodriionow  Doctor^  all  thitige  will 
r*^o  11'  1-  I'i'v,  liir  \Uere  ts  a  |tarliauient  to  meet 
[tii«  '  No,'  said  he,  *  not  till  York 

I*  is  1 1  ifcvd  or  ban'^cfl  *,  hut  of  tlie  two, 

Mi^iiigtu^is  liiv  iUtC!i»t  for  him.*  Said],  do 
Dot  faik  K*s  l>i>c!tor :  my^  hi* :  '  I  speak  no- 
j*  tbiug  btii^b;*!  ii  true  ;  be  has  a  (^»od  bro- 
I  •  ther»  but  he  takes  all  the  (Niuntes  in  the 
^' worbl  10  liodo  biiu :'  «nd  tbea  tke  Doctor 
^'ftud  tuylord  Jlouard  wiut  away  togetber. 

Sol,  Onit  Hwear  Jlandalt  Bowring.  [Which 
I  was  done]  V\  bat  have  you  heard  M\\  OdXcs 
f  fay  of  the  duke  of  V  ork  f 
I  Bttccrivg,  Abofil  theujtdille  of  Oclobcr  16?9, 
[U»ere  were  several  penwus  at  dioner  ul:h  the 
I  Pocior. 

X.  C.  X  W  hut  Doaor,  prithee  ? 

Bowrin^,  Mr.  Gates. 

X,  C.  X  ^Ir.  Gates  we  know  vcrj'  well,  but 
p  we  do  noi  m»  wvll  knovv  who  thin  Doctor  is. 

Bau>riitz*  They  iisid  to  cnll  him  Doctor,  or 
I  sh«Mdd  not  have  taken  upoti  me  to  give  bttu 
t the  title. 

X.  C.  X  U'elf,  Iff*  Oh  :  there  were  several 
I  persons  at  dlntier  vutb  him,  and  uhut  then  ? 

Boiiring,  Tbv-  '■  --  -led  some  discounne 
ConcermiiLT  bis  t  r^a. 

X.r.X  WIm:     ..:.? 

Buwrin^,  At  Ins  lodj^in^^s  at  Whitehall:  and 
igcuihiivan  Ibat  waii  tbrre^  siiid,  Incase  his 
KiDyaj  hi|L»liuess  were  a  pujii^,  how  sdiouhl  we 
lik'SttPured,  that  iu  rase  be  iHime  Irt  tb<*  nieces- 
rvion  of  the  crown*  he  wonhl  n«>t  bring' in|K>ficry 
•nionit  "!»  ?  Then  the  Dotlur  rL'plicd,  *  I  would 
r  •  not  imvcyuu  troidjie  yo-jrNclf  about  that,  for 
I  *  he  *»ball  Ix'  hunted  before  that  lime.' 

Atf,  (Jin.  U'IThI  bai-e  v«hi  heard  him  say 
»i)V  where  else  ;  al  Foster- Lane,  oranv  oilier 
place  ? 

Boivrirtg,  Aller  tbe^ertnon  be  had  preached 
S  i\i  Fo4rter-Laue  church,  tlte  church  war- 


dens, and  fionie  of  tlie  parish,  invited  liim  into 
the  vestry  to  drink  a  jjlass  of  wine- 

X.  C.  X  What  r  He  niade  as  if  be  wmU 
preach  I  here  ? 

Bimtitig.  He  did  preach  therr^  and  then  ihe 
cburrh'Wardenii  invilcd  him  to  dinner;  but 
then  be  asketl  tht^in,  '  If  ever  any  of  ihcTii  ba4 

*  dined  with  James  duke  of  Y'lrk,  al  any  of 

*  the  feasts  of  the  city,  where  the  duke  used  to 

*  come  stouietiuiGs  ?'    To  which  none  of  them 
answering  a  word^  he  replierJ,  *  He  won 
■  dine  with  any  man  that  had  eat  with  tb*| 
Aud  so  wonld  not  go  to  dine  with  tli 
went  and  diued  at  a  private  hrasicr's  by  Lowil 
Wall. 

L.  C*  J,  An  excdtent  goepcl^preadier  up 
roy  word. 

Att.  Otn.  What  b raster  was  that  .'* 
Biifftriug.    Truly  I  do  not   well  know 


name. 
Ait.  Gtn, 
Bmiting, 
Sot.  Gen. 


Where  did  he  live  f 
By  LondonWalL 

Then  swear  Mr,  Fairfax.  rWh 

was  done.]  Pray,  Sir,  tell  my  lord  and  ttif?  j 
what  words  yoti  heard  this  man  speak  of 
n>yal  hig-hne^^. 

Fnu'fax.  May  it  please  your  Jord&hip, 
August  1679,  1  hup|*eued  to  com«  into  til 
company  of  Gates  the  detendaut,  upou  the  i 
count  of  an  eleclion  that  was  to  be  of  pari 
ment-mcn  for  Grinstead  in  Sussex*  by  tht  ■ 
meaufi  ot  one  Auckland ;  Gates  wha  to  j;u  doint 
Uitlber  in  my  lord  Wharton's  coach,  and  tbea 
vie  came  tirsi  to  be  accpiainted  and  aflerwardi 
we  frequently  did  eat  to^ctb*T,  ami  became 
very  %vell  acini ain ted.  And  in  my  lord  Scro^^^s 
lime,  when  lie  was  loni  cbicr  justice,  there 
wai»  &omc  prcseutmeiit  intended  to  be  hrouflbt 
in  by  the  ;,nand  jurj-  here  at  the  lenm,  agtmst 
bis  n>yal  btghncjis  for  beh>£r  ^^  l*up'''*<  ^"^  ^^ 
cQjx\\\\^  to  churchy  nnil  tins  Gutcij  viai*  the 
mniu  profsecutor  of  it.  He  was  u^trd  oflt  u  lv» 
coroe  up  to  rne,  aud  speak  to  ine  wireu  he  iiici 
me  ;  and  I  was  about  tliat  time  watkin;:;  iri  tlu 
couit  thiit  wa^  huilt  up  here  for  the  trial  ol  (Ik 
lords  in  the  Tower;  it  was  aOer  that  1,1  .mI 
jury  were  di&missied,  which  was  done  a  iU\  :  i 
two  before  ihcy  used  to  be  d^smtri^d  in  \W  it- 
dinary  course*  and  wulkin^f  ibeN:  I  met  iij-ux 
and  said  I  to  him.  Doctor,  nuw  you  arc  non- 
suited, what  will  you  do  now?  *  Gh,  sayj,  b**, 

*  We  will  do  well  euiKJ^li  ;  thtre  Mil#  l»c  a  >tv. 

*  sions  atkr  the  term,  and  there  we  \\\\\  u\  bim 

*  a^aiti  ;  iind  we  will  have  no  more  r<*}n»rd  \\%f 

*  him,  than  if  be  were  scavenger  o<  Ki  nt- 
'  strem.*  And  upon  that  he  ^as  called  nwaj 
from  tne,  and  he  went  away. 

SiiL  Gtn,  8wear  Mr.  Pbihps.     [Which  ' 
done] 

Ati.  Grn,    Come,  Mr.  Phihpa,  will  vmt  1 
quaint  my  lord  and  the  jury,  what  yoa 
heard  Gntefi  say  of  the  duk*'  of  York  ?     . 

Phi  dpi.   In  or  at  Kiut  January  (1678)  mxy^l 
please  your  lord*ihip,  J  T*a»»  in  the  com  pan  % 
one  DciU'(Hi*  nt  Gates'.^  hMlj^inRs  at  Whil 
where  Mr.  OttJes  said,  *  He  hoped  lo  st^ 

*  or  nur  master  Jrimr  '  fmcaniug  the  dn 


STATS  TRIALS,  ^6  Chables  U,  i6S4.^tmd  Tihu  Oaiet. 


[I 


I  siipfioiel  *  at  Ihe 

DOM  s  Atiii  it  would 

lo^ldlil  to  uppear  there, 

Pmj  virnl  WM  the  occasion  of  this 


cIIicniirsG  of  his 
u\  him. 

dflo  io 


8at  ikp  yoa 


TV>  •■  tW9,  Mr.  Dmooti  and  L 
09W  lame  be   to  menlioti  your 
hmk  fiMl  any  relation  to  \he  aer- 

iy  lordf  we  had  not;  but  he 

i<T  our  masie]-,  or  your  master;   he 

kiod  of  di^i-our^e  as  he  used 

think  Uc  Intends  his 
named  your  master 

^   i  oottkl  noi  iroagiuc!  he  did  tnean 

Tkeo  twoftr  William  Ashlodc. 

Ptikme.l     Pray  wilt  you  ao((uaint 
y^km  jory,  whal  word»i  you  have 
mmk  okI' bm  ro)/al  ULtrhness. 
Mmy    a  pleaV  your  lonlsbi[i,  in 
-    '■         '»       -^    Trs 

4  11    irtCHD, 

•  one  morning', 
an' J  :,  tivo  of  bis 

,,,:,. II.  „n,luirtle 

,  Jicaaid  lie  wc'ir  ler 

orin»1ic fluent  :i*:  ike 

<!  he  WAS 

h  :  ,  .1 ,  I  beAr«l> 

kX^ElAidirii  >  N  bcu  he  was  going 

IJiflt,  1  h^  '0  to  liim  to  vva^h, 

MCily  Kill  ivvu  01  three  i>\ery  day  to 
tuni  tt>  drvss  him.  there  rame  in  a 


llMii  ■ 

IBdbiiiioo  of*i 

ktl»r*cbo««n«. 

r  Jolm  Mrnir.  and  on 


hmi  how 
•  m 

irrh 

lud 
-,'  -  --  '^X' 
1,  tb<t  eiiy  of 
Vork'a  order, 
1  a  hand  in  it ; 
w«*re  to  have 
ill  ihf  honest 
i      iind  thiss  Ut* 


•  V,  ma  I 

atOx- 

iik,  ea|i- 

I  M»  kfcp 


Ibru- 


.  -rt..  t;  ,   .    I  son 

hien 
nd 


*  for  he  must  nerer  expect  to  suooeed  4o  the 

*  crown.* 
Sol.  Gtn*  Pmy  who  did  he  sAy  was  to  hetid 

the  fon^es  at  Black  •heath  that  yon  talk  of  wete 
to  plunder  the  city  ? 

AihtiKk.  *  Th*^duke  of  York ;  and  London 

*  was  fired  by  his  order;  and  tins  ht:  would 

*  prove,  if  thf?y  could  hut  get  a  parliament  to 

*  tbejr  mind/  ami  he  said,  ^  They  aboukl  take 
*■  away  the  Posl-Otfice  from  the  ^ukc  of  York, 

*  and  gire  it  to  the  duke  of  Munmoutli.' 

Si>L  Gtn.  Then  call  captain  Cressett,  and 
»wear  liim.     [V^Tiich  was  done.] 

Att^  Gtn.  Capt.  Cressett,  Pray  do  you  r^ 
member  what  disctMirtie  you  hail  wi\h  Oatet^ 
when  the  duke  went  into  Flanders,  what  he 
said  of  his  royal  hifjhness  !* 

Cupt.  Cresictt.  It  waa  the  last  time  the  duke 
went  iuiu  Scotland  ««ith  her  royal  highness,  I 
think  it  was  in  October  1680«  1  was  commaml- 
lhI  tyvvr  ni^ht  to  wait  at  the  duke's  lodgingi^ 
till  a  paper  kIiouUI  be  delivered  me  bv  my  iotd 
llochcsier;  1  stayed  llitre  till  twelve  o^cbck 
at  night,  and  not  aeeini^  my  lord  come  nut,  I  ' 
went  away,  antl  came  early  next  morniog; 
And  when  the  duke  and  dutchess  went  to  ti£e 
water  at  the  privy  stairs,  I  came  down  throuffh 
the  pjard' chamber,  and  Dr.  Gates  was  in  tbo 
gullerv  that  leads  betwixt  that  andthe^atof 
when  he  saw  me,  1  bid  htm,  good-morrow* 
doctor,  or  he  bid  me,  g'ood- morrow ;  one  €if  the 
tvio,  I  cannot  exactly  tell  wiiich  ;  says  be  to 
me,  *  You  ^vill   never  leave  till  you  ha?«  hull, 

*  your  rt'putation.'  Why,  what  ig  the  matler 
DOW,  Doctor,  said  I,  I  hope  my  reputation  is  not 
liunjjujwu  so  slendt*r  a  threacf,  as  to  be  loal 
for  my  ^foiugf  any  where?  Sayi*  he*  You  have 

*  been  nith  James.*  Who  do  you  mean  by 
Jnmes,  naid  1  ?  *  Y'ork/  says  he.  Surely, 
f^d  f,  it  might  haie  been  the  Duke  of 
Y  orIv»  or  bis  royal  highness :    no,  said  he,  ♦  he 

*  is  a  Kiuical,  a  Papist,  and  a  Traitor,  and  t  hope 
Mo  live  to  see  him  hang^ed.'  Truly  Doctor, 
said  I,  now  let  me  §fiveyou  a  little  advice  to 
govern  your  tongue  antl  ynur  passions.  I 
aaauneyou,  they  will  do  neither  you  nor  your 
cause  ^ooil ,  it  may  do  you  a  great  deal  of 
hurt  in  time,  if  you  tlo  not  take  care. 

*So/.  Gen.  Cwl  »ir  VVil hum  Jennings. 
Alt,  Gen   Truly,  my  lord,  I  think  we  need 
call  no  more«  thouifh  we  have  multitudes  of 
tliem,  it  is  \i\s  daily  discourse, 

L.  C.  J,  Coll  whom  you  will,  Mr.  Attorney  ; 
fitr  though  it  be  the  last  day  of  the  term,  and  it 
is  an  unusual  ihingf  to  have  a  jury  at  the  bar 
'  ii  day,  and  moreunuiiuiil  lo  have  them  to 
i*e  a  \Vrit  of  Enquiry  here :  yet  in  regard 
Ml  Mii'gi^atnessof  the  person  that  im  concerned, 
and  the  extraordinary  nature  ot  the  causae,  we 
have  ordered  it  thus,  that  all  the  world  may 
H^v  how  his  royal  highneas  has  been  abuseif  and 
daU^eed  f 


Att,  Grn,  Th 
a  p«jfr»on  pretty 


it,  my  lord,  has boeft 
d  of  too. 


L,  €.  J,  Ves,  trtdy,  tt  is  done  with  rtg«rd 
to  him  too  I  for  he  has  been  an  emiocait  mftli 
in  bis  way. 


139]  STATE  TRIALS^  56Ch.II.  \6SX.-^Pr0eeeiingi  htiween  ike  D.  of  York  (Hit 


Sol.  Gen*  Then  swear  sir  WiDiam,  Jenniags. 
[^Which  was  done.] 

Att.  Oen,  Now,  sir  William  JcDDings,  speak 
QQty  voa  bear  the  qiiesticm,  Wlmt  have  you 
heard  Gates  sa^  of  the  duke  of  York? 

Sir  W.  Jenmngi,  My  lord,  at  the  time  of  tlie 
sitting  of  the  parliameBt  at  Oxibrd,  I  was  in  u 
tarem  there  with  Mr.  Cranfieid,  one  of  tlie 
king's  gentlemen-ushers,  who  seeing  Mr. 
Oates  goin?  aloxiff  by  the  room,  invites  him 
io  drink  a  guss  ofwine,  there  were  a  matter  of 
some  eight  or  nine  at  the  table ;  there  was  a 
little  partition-curtain,  it  being  a  loiu^room, 
and  there  was  8ome  company  Myond  that  cur- 
tain, somebodv  in  that  company  named  James 
Duke  of  YorL,  and  the  Kinc'*s  health  beinff 
drank  at  our  table,  Mr.  Cranfifld  be^an  a  healtn 
to  the  duke :    says  Mr.  Oates,  *  Do  not  you 

*  drink  York's  healtli.'  Why  should  we  not, 
says  Mr.  Cranfield,  and  a  gentleman  or  two 
more  in  the  company:  *  Why,'  says  he, '  he 
'  has  ruined  the  nation ;  and  if  the  <fcvil  has  a 

*  place  in  Hell  more  hot  than  others^  I  hope 

*  DO  will  bestow  it  upon  him.'  Several  ivords 
past  between  Mr.  Cranfield  and  liini  u|X>n  it, 
and  the  king  was  told  of  it  presently. 

Att,  Gen,  Swear  Justice  Warcup,  [Which 
was  done.]  Pray  tell  what  you  know  of  this 
man's  discoursiog  concerning  the  duke. 

Mr.  Watxup,  My  lord,  I  went  into  the  com- 
pany where  sir  William  Jennings  was  that  he 
apoke  last  of,  and  being  desired  to  drink  a  glass 
ofwine  with  them,  I  did  so,  and  they  told  me 
what  Dr.  Oates  had  said  there. 

X.  C  J.  Mr.  Oates,  Titus  Oates  you  mean  ? 

Mr.  Warcup,  Yes,  my  lord,  the  room  had  a 
partition  by  a  hanging  or  curtain,  and  I  was 
first  in  the  other  company  beyond  the  partition, 
and  there  somebody  uep;an  a' health  to  his  royal 
highness  the  duke  of  York,  tliis  health  went 
round,  and  Oates  was,  it  seems  in  the  next  room 
and  heard  this  health  I  suppose  :  when  I  came 
into  sir  William  Jenning8*s  company  Oates 
was  gone ;  the  company  there  told  me  what 
Oates  had  said,  as  sir  William  Jennings  had  de- 
A  dared,  they  all  agreed  those  to  be  the  words, 
*•  That  he  had  ruined  or  betrayed  the  nation  ; 
"  and  if  die  devil  had  a  hotter  place  in  Hell  than 
'  other,  hohoped  he  would  bt-slnw  it  upon  him.' 
1  met  Oates  allcrwards,  and  askeii  him  why 
he  would  speak  Kurh  irreverent  words  of  the 
Duke?  His  answer  was,  *  \\v  was  a  traitor, 
'  and  was  in  the  plot ;'  and  he  told  me,  *  I  was 

*  a  Yorkist,  and  he  would  remember  me  tor  it.' 

Ait.  Gin.  Did  not  tliat  atiright  you,  Air. 
Warcup,  to  have  him  threaten  you  so  r 

Mr.  warcup.  I  had  then  an  impeachment 
acaiiwt  me,  and  truly  1  think  I  might  well  be 

jL  C.  J.  Y'ou  say,  he  owned  the  words  they 
told  you  of. 

Mr.  Warcup,  They  did  all  agree  those  to  be 
thewonls;  and  I  met  him  afterwards,  and 
awked  him  why  be  would  speak  so  irreverently  of 
the  duke,  considerioj^  he  was  the  king's  brother 
and  as  virtuous  a  pnnce  at  trod  upon  the  earth? 
Says  he,  <  He  is  a  traitor,  and  in  thepkrt;  and 


you  are  a  Yoiki8t,and  I  will  remember  joa  fci 
It' 

Sol.  Gen.  We  shall  only  call  one  more,  la 
shew  in  what  mind  he  continues  to  be,  evci 
since  this  action  was  brought.  Swear  Mr. 
Charles  Chapman.  [Which  was  done.]  Fnj 
Sh*,  tell  what  you  know. 

Chapman.  My  lord,  I  met  Mr.  Swift,  thi 
duke  of  Y'ork's  attorney,  when  he  was  giMg 
over,  as  he  told  me,  to  demand  a  plea  of  the 
defendant  Mr.  Oates,  and  he  desired  me  to  gi 
alone*  with  him,  I  did  so  ;   and  when  we  eam 


to  him,  Mr.  Swift  told  Oates  the  roles 
out,  and  desired  to  know  what  he  intended  la 
do,  whether  he  would  plead  or  no.  Oilei 
asked  him,  *  If  he  were  the  duke's  attorMj  f 
He  answered  him,  Yes ;  says  he,  '  I  do  aoC 

*  value  the  Duke  nor  his  Attorney  neither,  I 
<  will  plead  as  I  shall  see  cause  aocordiiig  ii 

*  law ;  I  declare  I  neither  love  the  Duke,  wk 

*  fear  him :'  And  so  turned  his  back,  and  wif 
ifoin^  away,  and  comes  up  again,  and  saji  la 
him, '  It  may  be  i  may  be  in  for  one  bmidnl 
'  thousand  j)ounds  here,  but  it  ever  parliaBMil 
'  sit,  I  do  not  question  but  to  htve  somebo^ 

*  else  in  my  place.'  Mr.  Swift  asked  him  to  CB^ 
plain  himself  who  he  meant,  says  he,  *  Deyei 
'  come  to  trepan  me  ?'  And  away  he  went 

Att.  Gen.  My  lord,  we  have  done,  if  the 
jury  please  to  consider  of  it. 

L.  C.  J. .  Is  there  any  body  here  for  Mr. 
Oates,  to  offer  any  thingto  lessen  the^damageif 
[To  which  noboify  answered.] 


Then,  Gentlemen  of  the  Jury,  yoar  1 
now  is  to  enquire  what  damages  yoo 
fit  to  assess  to  his  royal  highness,  by  reaeonel 
the  speaking  of  the  words  mentioned  in  thedt^ 
claration,  there  being  in  tliis  action  judgmcat 
by  default  obtained  by  his  royal  highneH ;  ■■! 
you  have  nothing  now  to  do,  but  only  to  anew 
to  tlic  plaintifl'  such  damages  as  yon  shall  tfahdC 
fit. 

Now,  Gentlemen,  though  the  nrlrnnn1td|fr 
ment  of  this  judgment  (for  so  it  is  ineflhc^ 
being  by  default)  be  a  sufficient  confeMiOB  d| 
the  worus  being  spoken  as  they  are  laid  in  f^ 
declaration,  yet  they  have  given  you  prooffl 
the  very  words.  ^ 

The  Declaration  is  in  an  action 
upon  the   statute   De   Scandalis 
taking  notice  that  his    royal   hi^rhn 
great  peer  of  this  kingdom,  and  his  i 
only  brother  ;  end  that  Oates  the  de 
knowing  him  to  be  so,  to  bring  him  un 
proach  and  calumny,  and  to  cause  diacorl  ^ 
arise  between  the  king  and  him,  and  I 
him  and  other  great  men,  did  speak  the 
laid  in  the  declaration  w  hicli  youHiave 
read,  and  which  are  these. 

The  first  are,  « This  Utter'  (Oates  ha^ 
a  letter  in   his  hand)  *  cost  me  nine 

*  and  might  have  been  bn)ught  for  a  pcni 

*  I  know  nobody  is  the  better  for  it,  hut  tf 

*  traitor  James  duke  of  York.'  This  is  I 
over  again  with  a  very  little  variation,  *  1 
'  letter  cost  me  nine  pence,  and  might  hi 

*  been  afforded  lor  a  penny,  I  know  janM^ 


'ATE  TRIALS.  36  Charles  It.  l684.-^i  Tttut  Oatts. 


[142 


ii  but  llmlirmfiarjftaies  dukis 

purpo*'  I  ;  they 

Hji  riC€S,   a 


rtotiOMMfttt 
It    WQfA    ^• 


*  ;,v,  Jake  of 
i  lf«ilor  se  VI 01  ds  too  are 

Irrittg"  but  in  very 
(i«  ft  traitor,  nnd  was  a 
I  «aii«teiH!v*  of  tiic  irorU«  is  tlie  $ame. 
ty,  G<JtiUcme0,  Thougli  it  is  not 
m  loetHjon-p  whKher  or  im  Gates 
I  «iOfiK.  mdi^meDt  g-o 

u  tij  fkt  I  law  coofess 

I  Mt  jo«u  art?  IQ  eiiijuire  wlmt  da* 
ir^bo  ni  N>  begir€tlti>  the  plaimiff 
vonls  ;  yet  in  as  much  as 
•f  AH  extraordinary  natiire, 

lib  fi>\  -s 

iJtl  .      ■,         .Mil, 

iiol  htcn  u»wii  beretoibre,  ihut 
«ir  «fM|iiiry  execuiofl  at  the  bar. 
b  c^ciTttordifiar^,  finch  as  has 
mk  M^r^  Uiiji  a^j;^,  Uiis  C4)rnipt  nge^ 
ftgpTi    H'herejd    ivc    Ihe,   and 
Ofifiiyiry  IVlfows^  the  mere 
q€  tm  factious  party,  hare 
to  re^iroftch  and  caluiiuiiate 
gwirfvnmtiiit,  atid  the  greatest 
iu  it^  Dot  «»purini^  even 
li^  mm  bim^   » 1><>  i*-  *>'xi  m  degfree 
|||»  I*"  T  awd  royal 

llKrefoTi  A^Q  18  extra- 

,  so  oiigrht  the  example  to 
«s  can  he,  in  order  to  satisfy 
•ort  of  fellow  tliis  defendant 
•o  much  aJoriLHl  and  looked 
ye  (if  admit«tion,  courted  with 
aa    afTection,    atid  so,   1   had 
'd  atoong  people  that 
tomnltiioas  to  the  go  - 


i  kff  «i|^l  l»  be  iiiad«  pnbli^ 
hii  tliii  .hi  be  c 


•  bAr.ftri 

wwiir-'ut 


migbi  be  made  a  pii 


ic  exam- 

cottnsel  have 

caavasacd 

'  ndatiU  OA  he   Vms 
tor    Hoiu 


wni  cmtttm  to  he  exectilCMl  here. 
lki»  w  » II  this  decUration 

*^  in  theniM'lre^  so 

id  n  iirwcn,  §o  much  malice 
m^  ikai  dwy  need  no  iirgTttraiioii 
BtBUBlYca  ;  mm  luit  *;'^^r -■  -  it  to  go 
#kevm  tbiy  Mv  ta  !»t  ext©- 


if  Ik    tui 


tiiai  tiji-  111 
4aia4iiL     iind 


r.-d:  yet. 

ji  iimre  or 

tJ,  thai  Ibia 

abie*  nay  abso^ 

-  hrrc  and  ^Te 

lufBcion 


(UvuvU'UUdlll 


pWaly 


tended  with  all  the  most  uncbristiatt  and  uh" 

chHrital>le4  as  well  as  disloyal  and  disobedient 
circunistaiiees  that  any  Ailn^  con  be,  Mritli 
design  to  Iniduoe  and  fusparagt^  a  subject  so 
lo^al,  and  a  person  m  i^reat  and  illnstrioua  at 
his  royal  highness. 

As  to  the  lifai  ^vordfi,  you  have  the  first  wit- 
ness Mr.  Sniiili,  und  he  gives  you  ihisuccotmt, 
he  was  in  a  colfee-house  where  he  met  lh# 
deieudajit  Gates  ;  and  the  dcirndant  in  a  vain* 
glorious  hufBng  sort  of  manner  takes  occasioti, 
though  none  was  ofiered  him  by  any  thin§^ 
spoken  to  him  by  any  body,  but  only  on  set 
purpose  to  express  ais  malice  and'  venom 
a^iust  the  plaintiff.  He  takes  up  a  lettev 
that  it  seems  c:ame  to  him  by  the  post^  and  to 
(Ti^tify  liis  own  malicious  inchnation,  and  to 
give  it  vent,  he  procJaitns,  *  This  letter  ensi 

*  me  nine  pence,  )t  might  have  been  brought  or 
"  affoi'ded  for  a  penny  ;  and  1  know  nobody  ii 

*  the  belter  for  it  but  that  traitor  James  duke 

*  of  York,' 

^  vou  see,  Gentlemen T  he  takes  hoM  of 
every  little  occasion,  if  he  can  but  happen  upoa 
an  opportunity,  such  as  tht9  vras  in  an  open 
coffee* house,  to  wreck  Ids  mahoe  upon  his 
royal  highness.  And  sure  there  can  be  no 
greater  imputation  of  scandal  brought  upon 
any  man  than  this  upon  the  plainUff.  Thai 
the  first  and  greatest  subject  of  the  king  of 
England^s  s^hould  be  taxed  with  the  greatest 
crime  iu  the  la\i ,  disloyalty  and  treason  to  hiit 
sovereign.  And  so  at  once  not  only  chargeth 
him  with  being  perfidious  to  his  only  broSier, 
against  that  affection  which  by  nature  he  Is 
obliged  to  pay  him,  and  which  all  that  know  ^ 
any  things  cannot  hut  observe  to  have  always 
been  extraordinary ;  but  also  touches  that 
which  is  much  dearer  to  him  than  his  life,  his 
honour,  by  charging  him  with  the  foulest  of 
crimes,  treason  and  breach  ot*  his  allegiaiice, 
which  as  a  subject  he  owes  to  his  i»overei^i. 
And  thus  besides  the  defendant's  confession liy 
thisjudgtnent  you  have  the  very  words  ptoved 
that  are  in  the  declaration. 

The  next  witness  is  one  Mr.  Whaley,  uid 
tje  LNVi>ti  you  an  account  of  anoilier  passage 
1  cannot  but  take  notice  of  by  the  way, 
\v  you  what  a  wonderful  Christian  temper 
thij>  man  is  endued  with.  Mr.  Whaley  says« 
that  being  at  the  bishop  of  Ely's  house  upon 
a  public  festival  either  of  Easter  or  Whitssun- 
tide,  (and  he  is  sure  it  was  one  of  those  two, 
because,  says  he,  *  I  never  use  to  receive  the 

*  Sttcrameot  in  London  but  upon  one  of  those 

*  two  dAya ;  and  therefore  I  take  it  upon  me  to 
'  My,  it  WHS  one  of  those  two  days  that  I 
'  he«rd  these  words*)  Gates  having/it  seems, 
received  the  holv  sacrament  at  the  bishop  of 
Ely 's  chapel  with  Mr.  Whaley  that  da  v.  W  ben 
a  hoi\y  would  have  thought,  that  if  Qfr.  0«let 
would  have  been  believed  to  be  so  ^sarty  and 
pious  ix  protcslant  as  he  pretends  to  be,  beabould 
nave  reiuemhered  that  uc  ought. 


llie  ProlesUkiit  doctrine,  to  have  left  bektnd 
at  his  spproftch  to  the  altar,  all  malice  aiid 
com.  Slid  ill  wiU  and  hatred  to  e? «ry  body 


143]   STATE  TRIAIS>  36  Ch,  II.  \6$4.' 
Bui  yma  see  ^Imt  kiod  of  depoitmeat  his 

For  tfter  »ueli  time  a«  lie  bad  been  al  the 
saemnefit,  bi;  takes  occa^n  M^ithout  any  prO' 
▼ficaiiuii  to  f'ttll  f<Mjl  iiuincxliatcly  upon  his  royal 
hLi;hi}es<«  giving:  hiai  the  name  of  a  proflij^le 
wrctcth*  and  tli^n  parlicubrty  liecoihcs  totiHy^ 
♦  Th«duket)f  Vork  was  a  traitor.'  This  i^rn- 
tleiitun  beiii^  conccnujdj  rs  every  honest  anU 
ittyal  tiian  ooortit  to  bt^^  oiitl  1  liop«  every  ^n^ 
9nf»j<.'Ct  i*tj  and  ever  W}\\  be,  to  hear  so  great  a 
|Jnt»ee^  tbe  ktng^'^oitty  liratbi^risa  tradiieedanit 
viMliifd,  reproved  liim  tor  it ;  but  so  far  w^^  be 
'Uilii  taking  ili«*  eim'fttion  due  to  Lis  extrava- 
'  ^Mit  liingiie  in  u  (ti'^rjmin*^  manner,  tf»ut  be 
ptrcseDily  (as  th«  genileman  phrtij»eih  ii)  catl^ 
tiif  his  mvnnitbna,  ivvo  ftUows  that  he  bad 
along  witu  biiki,  to  eoine  to  bini ;  upon  m  hicb 
the  genlkman  vrm  pleajsetl  to  &ay  to  him, 
'  Nay,  good  >Ir.  Gates,  yon  n&fni  not  be  in  so 
^  very  much  frar  of  yournelf as  to  eaU  <br  yoar 
*■  luen^  nobody  here  intends  you  any  hano.* 
Nay  ccrlaiiily^  Mr.  Gates  did  apprehend  bira- 
selr  to  be  secure  from  all  manner  of  correction » 
or  he  would  never  have  been  so  impiideut  to 
tpcuk  yuch  words. 

But  you  IV  iH  no  doubt  lake  notice,  as  all  tn en 
dnuMtbuldo,  of  what  an  f^eelleni  gt>8pel-(lt>i- 
rit,  what  a  delicate  chnstiitn  temper  the  mun 
ig  oit  after,  the  receivtiija;-  tite  sjacrament,  thai 
"ftry  maiming  to  cotue  and  belch  out  such  ex- 
travagant words  of  calumny  and  reproach. 

And  it  seems  this  jMrson  hail  obtained  to 
ft)ake  !»«cb  a  wonderful  fijnife  in  the  world> 
that  every  body  was  afraid  to  speak  to  hiui  ; 
Ibryou  hear  what  the  witness  say»when  he 
caaie  to  beg  the  bishop  of  Ely^s  pardon  fin* 
heiDiLr^o  loud  ajid  bot  at  his  table ;  the  biscbop 
gave  hini  thanks  for  jt»  and  told  biro,  '  None  of 
us  daivd  to  sjieak  to  him.'  8ncb  a  cr>osider- 
alile  man  bath  be  bpcn^  that  he  mi|^ht  rail 
against  the  king,  and  ilie  duke*  and  the  go- 
veniment  without  controuL  He  was  gut  hi  to 
Rueh  a  |vost  that  nobody  durst  meddh?  with  hrro^ 
but  he  must  have  lil>t  rty  to  say  any  thing  of 
any  body.  To  what  an  height  of  ciflruprion 
were  we  grown,  that  we  could  suffer  such  a 
felkm^a  hisoMice,  at  wliich  no  man  living,  that 
htsanj  sp^rk  of  modesty  or  loyalty  lefl  in  him, 
hut  must  ohiiih  and  tremble. 

Theti  th€^'  produce  to  you  one  Mr.  Johii9on, 
who  gives  ymi  an  accounts  that  after  some  dis- 
eom0f  between  him  and  tht;  defendant  Gates, 
about  the  duke  of  York,  he  immediaCdy  told 
Johnson,  that  the  duke  waa  either  to  be  hanged 
or  liaubhed  ;  tt  seems  be  was  so  ill  a  man  in  his 
eye,  but  of  fbe  two,  hanging  was  the  filter  tor 
him.  So  the  doctor  shewetb  what  a  wondertul 
kindness  and  alTection  he  has  for  tiie  duke,  and 
what  thoughts  he  has  of  his  great  deserts. 

Mr.  Bow  ring  i»  the  next  witness,  and  he 
eomea  and  tdls  you,  that  the  doctor  could  not 
he  prevadeil  wfth  to  dine  with  the  gentlemen  of 
the  parish  of  Foster-tone,  becau!f«  some  of 
them  had  dined  with  tiieduke,  which  he  calls 
dining  with  tbc  devil.  It  seems  he  made  as 
Iboiipi  ht  wauM  preach  theT«  to  th«m,  ha  got 


'Pr^tedingg  httwan  tht  D,  4>f  Ycrk  [11 

up  into  tlie  pulnif  ai>ij  took  a  te^tt.  aiid  pre^ 
tended  to  preacn,  and  if  he  wooki  h2ve|nxttcli- 
ed  accordmg  to  the  duty  of  a  church  of  T 
land  divine,  he  was  by  tliat  to  b. 
not  only  obetUence  and  m&biiii ^ 
but  respect  to  superiors,  nnu 
all  subjects  towiu'ils  onu  another  ;  and  if  1 
did  preach  it,  h  v^as  wov^e  in  htm  not  to  pn 
i\se  it,  But  you  «ee  af\er  be  bad  prtiorniHt  1 
painful  laborious  [irencbment,  hH*t  h*^ 
taken  such  a  wontierfid  deal 
dtiitbl  he  ilul  iu  instructitigbiK 
langUAge  is  in  uoMwiar  to  a  iivn  uu  njn 
dinner  by  the  cbiinoh  wardens:  ^  Hav^j 
y  u  u  dm  ed  w  ii  b  Y  o  rk  at  the  city  f  e»alir  I 
they  fK)t  ftosucriiig ;  but  being  ^itently  an 
at  {\iv   iiiHx  :  tinent  impudence  of  ihc'qii 

*  ^  !  would   not  dine  w  ith  lb 
b»ii                 It  the  deviL'     It  sef^ins  1 
bigbni-ijs  had  been  picitsed  to  honour 
cieties  of  loyal  men  in  the  city  of  f 
bis  company  at  some  ontertsiiu  men  Is  tb 
aud  that  is  a  great  offimce  to  tlie  de 
and  as  for  those  that  bad  received  tb 
favour  from  bis  btebuef^s,  he  takes 
them  as  such  wbon,  '  '  '        Jher 
drink  wit U,  for  tm I  ^    atid^ 
with  the  devil ;  but  ij.M....ji^.. . . 
his  great  Avat  aud  wonderful  c  onf*«*m  lor 
proi4>«ta)it  rclittion,  broke  up  frutu  ihc  comp 
^tould  neither  cat   nor  drink   witlj  iham, 
cho^  rather  to  dint?  al  a  privatt!  brttsier^s  i 
Loudon- wall  ;  a  pr«>pereT  (dace  in  good 
fur  bim,  than  any  such  conversation  they  <itfei 
ed  bim. 

Tliet*  further  to  shew  what  mean  tho«r;bi> 
be  had  of  the  plaintifr,  Mr.  Fairfax  be  eomw 
and  testifies,  that  there  being-  Mime  talk  of  i 
preseutmeht  i  '  '.    iiikei' 

York  by  the  u 

with  adi*;app*iii...-vM-.  w    ,».- .  i.«i.-,.M.4i 
him,  '^  What  be  would  do,  for  saysj^  he,  ' 

*  you    are    non-suitefl  ?    That    is      vou^ 
'  happened  not  to  obtain  the  ♦ 
•^  iri^Mtd  :'  Ob,  saysOate-3,  *  ^ 

*  that  is  all  one,  we  will  at  him  neat  ^ 
^  and  lor  my  part*  I  will  have  no  mf»r»* 

*  to  him  than  I  would  to  a  sr 
and  because  they  shouki  see  t :  tn 
bzs  malice,  and  the  low  thoughts  be  ha 
royal  highneMi,  as  if  it  bad  not  bees 
enough  to  have  compare*!  him  to  a 
of  Ijondou  i^r  ^V  i^^tminsU'r,  no,  that  wi 
tion  too  bonoiuabl*^  for  him   in  his  th 
but  lie  mu*4t  nt'C*essarily  be  compai'cd  to  it  i 
veofferof  Kent  street  ;  which  we  all  kuo 
be  one  of  ^e  meanest,  tilthievt,  and  most 
garty  parii  of  the  town, 

Tlie  next  piece  of  evifletice  is,  that  wht€ 
gfiven  by  one  Mr.  Phdips  ;  and  when  lie  < 
to  him.  lie  began  to  have  some  reHeciiuiiif  i 
the  HouHe  of  Commons  and  thf  tluke 

*  truly  he  did  not  doubt  but  he  sltould  sre  J 
'  at  ifie  bar  of  tlie  House  of  Commons  ; 

*  woidd  be  no  disparagentent  to  him  to 

*  there,  tor  i!iere  were  a  great  many  ipea 
'  there  thai  were  as  gt)oa  niai  or  better 

4 


hut 


Tilt 


STATE  TRIALS,  3d  Charles  U*  l68*.— <inrf  TOw*  Oaie$. 

\mfnUy  ibts  fancv  of  liis  be  wuuM 

hi^  tttyik\  Ui^Uness  ;  for  in  cnse 

itJ  00  tfiher  consideration  but  as 

fttiMitht  krum-  timi  no  peer  of  this 

lb'  ■\   a«v  vipte  or  order  of 

1^  tn  rome  to  their   bur. 

bid  a  luiiifi  to  tcikt?  i»fr  bisver^  |»rivilegc 

e,  ami  it  woubl  be  do  Ir^seniDg  of  Uh 

nee  tbftl   lloufo  L;iii   in  it   m^my 

t»r  m^n  than  tlip  duke  bimself.     I 

Me  pariicuiar  trie  nils  of 

e  5Ir.   Asblock^  ftnd  be 
<»  he  would  engage  all 

,       Slif-    iiMK*^''*  fk^TMin,  be 

li  1.  nee 

'  to  IT.  A, ike 

haS  «  ^TTttt  baad  mid  conccni  in  the  dismal  fire 

af  Lcjififnn   in    !f/if\   that  thereby   be  niig^ht 

sukc  I  ru  the  rancour  And  ma- 

^  Jjgof  I  in  that  dreadful  lala- 

^^uil  vviih  what  haiidsotnc exore^^ou  he 

f.h  ?  »  He  Imid  the  ciiy  of  London,  be 

'i  I  we  I*  ill  have  him 

^Haad  for  it,  when- 

:  here  hn  ii*»toidv  n  personal  reflection, 

bci<niB    ioditfnity   done   to   his   royal 

but  carries   in'  it  a  ^eat  reflection 

enil  iiiHt«-KK  liiiiisi^ If'iti  1 M < retalions  t 

Ibt  t?i  II'  ^  (lut  his 

I  mod  VI  ue  alive, 

(>.      For 

•  <1  sbiwder 

Atuuiajist)^    tbt  *|aei/n,  rnotber  10 

nnd  !m<  brnther,   by  callirit^  bini 

'  ii  in  an  expreitiion 

^  du  I  a  ttatore^  as  is  not 

Tbr  I  to  take 


[146 

•  and  yoit  r  to  1o«eyour  reputation  i 

*  y*niVti :  VI  .her' 
8o  that  i  perceive,  if  he  will  not  be  advis 

by    tbts'^gftillenuiu,   he   should  lose   all    hit 
ciedit  ;  aiid  vet  I  (irt»suineit  i«  womlcrrallv  in 
the    ndvantnj,'e  <d    Mr.   Creaaett,   to   Iom*  ibi 
«^'edit  be  e^nild  f ft  by  uny  eharacters  or  coni^ 
iiieiuUtii>ti$fiiirb  an  *in«»  a**  be  coubl  jj^ive  him,  " 

Tt  kindly  advised    litri 

tj  tu  >  party  by  his  |»]issiaii 

and  l!i\  <  'ij\  und  told  hhtit   if 

would  tin  *' at  last.     .\nd  tndj 

wn%\  I  tbiur.,  ..  .  M  ,i,^  ji.vrlv  wore  in    bis  con^ 
dition*  and  tfiadc  to  « mart* for  the  lari'^hneii 
of  ibtir  »[  .t'vnps;^  I   fliinit  it  were  a  tfood 
com;  of  bis    pr^inhecy,   and    if 

vicii  rn^  we  sbonid  be  more  at  peace 

And  ue  may  without  offence  hope  to  see  T 
soonei%  than  what  the  defeudartt  says  be  hope 
to  see. 

The  next  is  sir  WHIiam  Jpfinini^,  who  telb 


se  words  itrto 

Tbrti  tmmn  ( 
yvaan  a^eoaiii,  i 

M  tlkn  <liaiDb«Bs  ,1,(1^ 

vib^cdipUia  rr  M  1^- 

■m  b«  met  iiitii  mv  tlekinUh^  vvi^u  i\:\i  upon 
Ml,  ¥Vlut,  v'.'ii  liuve  bi  ( Ti  with  James  j^  It 
Wamk*  he  waa  one  of  his  iniimale  tiequnintance, 
iM  very  lAoailiar  be  ^a^  \rtth  bis  tK»me. 


4nl  m  smo  wotild  hu^ 

'        ,;' 

he 

ild  CfMiltfl  ibl  one  mar 

.  0- 

*ir,aiii  br   '      > 

'  ui  his 

mmlotii, 

a  i^ery 

iMitnAltexu.  .. 

"   ri^eant 

W  ilial  favlbar  i^ 

'  i;i(aiD, 

«l»lJMiie»?  ^\ 

V-  .li  vifty 

IimI  tliai  1^  ^vr 

itkUtion 

to  let  biin 

iMBW^IHt  JatiH 

Mt  ;     but 

when  the 

diiid   liicn,  iii>d  tuki  him,   *8nrc  you 
It  tailiin' asy  the  duke  of  York,  or   bf« 
^ivjil  liitfliiiiiiB  ;' tbi^n  immeiliji^ 
IIm,  br  nhm  out/  He  »  a   P.  , 
'•■iiart  wad  i  bftpt^  to  litre  to  ae*i  him  liADgcd^ 


you  of  a  passage  at  the  y  at  Oxford 

which  shews  hi*  wondcrl  i.hI  I' 

tian  temper,  when  a  comjiji  >  or  ' 

were  met  together  to  drink  a  plas 
and  were  wishing  h^  '  '     -       ^         luc  lu  in«l 
sacred  nmjesiy^   Ins  and  I [10] 

royal  rainily,  be  wouiM  ^.k  l.*  .  ...it.  ated  t^  re- 
fuse the  glass,  but  to  shew  how  ^londerlid  \ 
Christian  spirit  be  wuk  of,  and  \n  *  «.  i«f  fn  <■  Ms 
true  Protestant  chanty  (and  I  j 

vtbo  was  one  of  tbu  fJ^:t!!^o^  t»  1 

uiay  g'ucss  at  the  tr  1  tine  (lariy)   be 

crie«i  uut,  *  Hu  bast  i  nation,  and 

*  there  be  any  hotter  pi.^Cii  in  Ueli  than  tnhcr,  I 

*  hope  the  devi!  will  ^^re^^rve  it  for  bim  ' 
I  presume  ht^ 

besfiok^  of»  fu 
there  is  in  bell 
and  who  they 

by  doili  in  the  leai 
:  ir'lbe   words   in  ih 
l^ail  can  he  ;     but 
r>i'  this  man  tbut  ba 
1  courted, 
wircup,  whotellsyonj 
he  wus  nut   tn  tiie  roma   with   Outes  when  the 
last  words  were  spoken  ;    bwt  eoMting^  io  tm- 
rnediately  al^er^  tbiy  all  tobi  hint   the  aam 
words  oird  bf  Btlerwards*  mectin;^  ifrlA  f ' 
and  K  lim  ihv  bis  indecent  behaviouf' 

und  '  instead  of  any  rernors^e  or  eon* 

cern 
hnvi: 

li,,  *    1  lit-  i.ivuvi:  It 

^  pb»t ;  and  becaiu»eyou  take  hi»  pari  you  an 

*  a  Vo.L  .1    ..ri,^  »v-  •^■n  Iff  e%en  wjth  you  \" 
♦itai  1/    8t*  he  ihreiiien 
bim  «<   .    .  .  .1  .  ..^  :  ..  .  uhy  be. belia'^ed  him^ 
self  in  such  an  iiMJeeent  uiHoiier  tovrafds 
myal  bitfboeMd^ 

The  last  nitn€«$,  Mr.  Chapraant  k  produce 

to  ?hew  what  mind  he  conti*>ues  in.      Alter  nil 

•^  past,  and  a  body  would  bavethni^'ht  \h 

t  by  this  time  h:ivt'  been  broujfht  to  1 

consideiatioa  atkdsnbuiiaaioutOBUtbiirity  ;  yet 


1  J7j      STATIC  TRIALS.  36 Charles  II. 

3  Oil  st'o  Ihuf  the  man  is.  The  witness  tells 
>"•!«  >iure  the  lictiinniri^"  of  this  term,  the  de- 
t'uinticn  heinj,^  dtJi>ere<l,  and  hy  tlie  uoursc 
ot'  thi?  coint  !jc  ouy;ht  to  |ilvad  witliin  such  a 
limo,  the  attorney  ^;<!Pt)i  to  him  for  a  plea  in 
ordtT  to  mako  his  deft  nee  if  he  could  in  the 
a  lion  now  befrrc  you,  but  he  lets  judii^ment  go 
by  dcfiulc ;  aitil  so  fur  is  be  I'rom  repenting'  of 
i>  IijU  he  had  formerly  none,  that  he  persists 
in  it,  and  tells  him,  Are  you  the  duke's  at- 
torney ?  Yes.  ^\  ell,  I  rare  not  a  farthing  for 
the  dnko  nor  his  attorney  neither  ;  it  may  be 
I  iiwy  be  in  here  for  liKM)On/.  (and  that  I  be- 
lieve is  one  of  the  truest  things  be  ever  s|/oke 
in  his  life)  biU  suppose  1  lie,  I  do  not  ilmibt 
but  when  a  parliament  meets,  a  time  will 
como,  w  hen  some  other  people  may  come  in 
niy  plaec.  Dut  truly  since  he  has  declared 
his  hop<>s,  1  til  ink  it  may  not  be  amiss  fur 
us  to  declare  our's  too  ;  and  for  my  part,  to 


1  oSi.— Trial  of  Thomas  Roaeweli,      [  148 

say  I  hope  J  shall  never  see  such  a  parlia- 
ment. 

Mr.  Unflcr-Shfriff.  Lay  your  beads  toge- 
ther, gentlemen,  and  consider  of  your  verdict. 

They  did  so  standing  at  the  bar. 

Uinlrr-S/itriff'.  Are  you  all  agreed  of  your 
verdict  ? — Onims.  V\s. 

Umhr-Shfriff.     \Vho  shall  say  for  you  ? 

(fmiies.  rt>rc^man. 

I  'ndrr-Skfriff.  W  hat  damages  do  you  find  ? 

Sir  Char/es  I.n\  Full  damages,  An  llundreil 
Thousand  Founds. 

VuHir-Shertlf.  Whatcost^? 

Sir  C'  aria  Lee.  Twenty  shillings. 

Which  Verdict  being  reconled  in  an  inquisi- 
tion intended,  taken  under  the  hands  of  all  the 
jury,  u  as  afterwards  annexed  as  the  retuni  l» 
the  writ  of  Inquiry . 


309.  The  Trial  of  Thomas  Roseaveli.,*  a  Dissenting  Teacher,  at 
the  King's-Bcnch,  for  High  Treason  :  36  Chakles  II.  a.  d, 
16'84. 


23  0ct..\.  D.  1084. 

This  day,  being  thcfn-stof  theterm,  Mr.  At- 
torney-General nioved  the  court  of  King's- 
lK?ncli  for  an  Habeas  Corpus,  diret  ted  to  the 
keqter  of  the  Gatehouse,  tu  bring  up  the  body 

*  "  There  ueretvvofamoustrialsin!Viichael- 
lUiLS  term :  three  women  cunie  and  deposed 
against  Uosewell,  a  iVcsbyteriaii  preaclier, 
treasonable  word:itliat  he  hud  delivereil  al  a«>un  • 
vcnticle.  Tlu-y  swore  to  two  or  three  periods, 
in  which  liicy  tigifjd  so  ix:ietly  to«felher,  that 
there  was  not  the  smalli'st  wariution  in  iIkh*  de- 
positions. liiiSfWc'll  on  the  other  hand  made  a 
strong  defence :  hi  proved,  that  thv  uiiuosscs 
were  lewd  and  infan II >us  p^rston^.  lie  pro\ed, 
that  he  had  always  beiii  a  l<iv;d  mau,  cun  in 
Cromweirs  days  ;  that  ho  prayiMJ  coUNUntly 
for  the  kinijf  in  his  faniilv,  and  tltat  in  hi>  s>'i- 
inons  he  oftiai  insisted  tm  the  obli^aiiuns  to 
loyalty.  And  &i-  for  that  .^(  r:ii<':i.  In  u  \ut  h  thr 
witne:i>&y,Svor«.*  he  rteti\iTi'<l  iIiom;  v.mJs,  he 
shewed  what  his  text  was,  which  l!:<*  wiuK-sscs 
cuuld  nut  rememln'r,  its  tlicv  ri  n:eoiii«.r<d  no- 
thing else  in  his  sermon  l»esuU's  the  wnrds  lh«  y 
hud  d<>po>;cd.  Tliat  teM,  and  his  siruu):!  ujion 
it,  had  no  rehti<Mi  to  any  such  ma.ior.  Scwr.ii 
ivilnesses  \iho  hi-ard  Iiie  sti'inofi,  :uul  M>ni;.* 
uho  writ  it  in  short  hand  deeUnd,  he  said  iiu 
such  words,  nor  anything  to  that  purpos<>.  JIi- 
uf}t.red  his  own  uou's  toprtAo  this  fartlur  :  hut 
ii«)  reutu'd  was  had  to  t!)ei!i.  The  v\  omvu  i-.iuld 
notpro\i'  by  any  eircuiiibtiuiee  that  they  were 
at  his  me'v'ting  ;  or  Uiat  any  {lerKun  saw  them 
there  on  that  day.  The  wouls  they  swore 
against  him  were  so  gross,  that  it  was  not  to  bt* 
iinagined  any  man  in  bis  wits  could  express 
himself  so,  were  he  ever  so  wickedly  set,  belbre 


of  Thomas  Rose^vell,  clerk,  to  be  arraigned 
upon  an  indictment  of  High-Treason,  found 
against  him  at  a  late  session  of  Oyer  and  Ter- 
miner, held  at  Kingston  in  the  county  of 
Surrey  ;  and  it  was  desired  returnable  tu  mor- 
row, but  was  not  taken  out  till  that  day,  return- 

a  mi.ved  ii^i.-ionibly.     It  was  also  urged,  that  it 

was  high! V  inijirobahle,  that  three  women  could 

reincnibti'  i;o  long  a   peritNl  upon  one  single 

heai-iiig  ;  undtiiat  thi'y  should  all  remember  it 

so  exactly,  as  to  agree;  in  the  same  dcpositioD. 

He  ofiuri'd  to  put  the  whole  upou  this  issue: 

he  would  pronounce  a  |K>riod,  as   long  as  thai 

^^  hich  tiu'v  huil  sworn,  with  his  usual  tone  of 

voice  uiih'whirli  he  preached,  and  tlien  leava 

il  to  till  01  to  repeal  it,  if  ttiey  could.  I  set  dowB. 

all  this  defence  more  particularly,  that  it  may 

appear  w'oai  a  spirit  was  in  that  time,  when  m 

\ei-diit  could  be  brought iu  upon   sucbanevi- 

,  deiife,  aiid    against  such  a  dtrfeuce.     Jeflerica 

.  iirgrd     the     ii<aiier    with    his    onlinary    w 

!  hcincnee:  he  laul  il  for  a  foundation,   that  all 

|.rca«'hing  ut  e<iiiwi.t'<'I-s  was  trc>asonable,  and 

I  il;:aiiiisi:ii:;l.iiod  !;|itKsftii(-jnry  to  believeany 

I  evif!o:.ri  \t't'aiM>Lvt>;- upo;i  that  head,  and  tbal 

I  luTe  wen-  thi>i:  |M)siitve  concurring  witnesseSy 

j  s(i  t':e  jorv  iii'ou<;iii  him  ui   guilty.     And  tbcM 

I  >\:iNa  hiuimefiil  rej-.-iring  upon   this.     It  WM 

thonirUt,  n.'vv  c>-n\uiticlus  would  be  all  sop* 

prrssfMl  i.v  it  :    since  any  person  that  wowd 

wiinrsstiiai  trrasonauh    u<irds  wire  delivered 

attUiin  wouM  iu-  b»^'lievrd.  how  improbable  SO-/ 

LMv  It miulit  be.     ilut  wiien  the  importanceaf' 

the  woitls  <-ame  to  be  examined,  by  men  learn* 

*'d  ill  the  law,  they  were  fonnd  not  to  be  treu*- 

sou  by  any  staluti'.     :So  Uoscweli   moved  for" 

uii  arrest  of  judguu*nt,  till  counsel  should  btt* 

hvard  tu  tliut  puiiiu,  uhether  tlm  wordtf  wan* 


IW] 


STATE  TRIALS,  36  Chari.es  II.  l684.— /<;f'  f/ig-A  Treason. 


ri5o 


aUt*  irnvtcdiale^  and   upon  Saturday  it  was  re- 
ancd. 

DieSabbati,  25  Oct.  1681.  B.  U<^g^is. 
DoMiNus  Hex  vers.  Roslweli.. 

This  day  3Ir.  Rusewell  was  brought  iifioii 
tbe  Writ  of  Habeas  Corpus,  to  thu  wkv  of  the 
einftol'Xiii{r*s- bench,  and  was  thus  arraigned : 

CL  tff  Cr,  Thomas  Rosewcll,  hold  up  thy 
fand. '  [Which  he  did.] 

**Thoa  staudest  indicted  by  the  name  of 
T^ooias  Rosewcll,  late  of  the"^  parish  of  Ro- 
Aoiuth,  in  iLe  county  of  Siirre^r,  clerk ;  For 
te  tbou,  as  a  false  traitor,  against  tlie  most 
■OEM  and  most  excellent  prince  our  sovereign 
MCbarh*s  the  Second,  by  the  grace  of  Ci^, 
Imp  tf  En^nd,  Scotland,  France,  and  Ire- 
kJ,  defeDdcr  of  llie  faith,  dec.  thy  supreme 
mi  mural  lord  ;  not  baring  x\w  fear  of  ( Jod  in 
tfijbeart,  nor  weighing  the  duty  of  thy  uUe- 
|iuoe ;  but  beio^  moved  and  sciluceil  by  tlic 
MUgation  of  the  devil ;  the  cordial  love,  aAd 
toe,  due  and  natural  obedience,  which  a  true 
lad  &ithVul  subject  of  our  said  sovereign  lord 
^Idngdotti,  and  of  ri<;ht  ought  to  b«ir  to- 
midi  niin,  ailojgether  withdrawing  ;  and  con- 
lirii^  and  intending  to  distiu-b  the  peace  and 
fmuDoa  tranquillity  of  this  his  kingdom  of 


3  or  not.  In  Sidney's  case  they  refused 
Agnal  that,  ui  Jess  he  would  first  confess  tlie 
flhO.  And,  though  that  was  much  censured, 
jtt  il  via  more  doubtful,  whether  council 
«|^labe  hourd  after  tliejury  had  brought  in 
^fCite.  But  tbe  king  was  so  put  out  of 
eamtoBBittwith  the  many  stories  that  were 
%n«fbtbin  of  his  witnesses,  that  the  attorney 
liiid  orders  tu  yield  to  the  arrest  at' 
t\inu\r\\  it  had  been  more  tu  the 
j'ilidiioar  to  have  put  an  end  to  the  business 
bjrapaniun.     It   was  thought  a  g«>«)d   poiul 

ttwhK:h  might  turu  to  the  advantage  ot' 
j£ct,  to  allow  that  a  point  of  law  nii^'ht  b<' 
'  afttr   conviction.    Tbe  impudence  ut' 
terdict  it  an    the  more   shameful,  since, 
we   had  a  popish  successor  in  view, 
a  precedent  uiude,  by  which  pusiiivc 
swearing  to  any  thing  as  buid  in  a 
were  to  be   believed  against  so  many 
itie3,  and  so  much  proof,  to  the  contrary, 
might  have  been  at  another  time  very 
to  the  ilergy.*'     Burnet's  History  of  his 
Times,  vol.'l,  p.  yj7. 

«*  RoMewpll  wa«  attaint,  by  verdict,  of  hiv:li- 
■MO  m  I»ndon,  and  luving  made  hi-i  peaiv 
ilk  the  iyird  Chief  Justtice,  moved  by  his 
to  arrest  thi*  judgment  for  an  emtr  td' 
in  the  record.  Tlu  Lord  (.Mi icf  Justice 
not  €*onuin  himself,  or  be  concealed,  but 
rt'jiiict^t  at  lilt!  accident,  and  was 
Mtii  with  lairth  and  laughing  ut  the  king's 
mmti.  Hut  the  serious  obser\  ation  was  that, 
Nrhc  had  urged  the  proseeution  of  Ufisewell, 
m  fitiilt  »bpt,  he  should  so  merrily  discharge 
u"  North**  Life  of  liord  Keeper  Guilford. 
^%f.  107,  avo  edit. of  ISOti. 


England,  and  to  sow  sedition  and  rebellion 
within  the  kingdom,  and  to  depose  our  said  .so- 
vereign lonl  the  king  from  the  ttile,  hono..r, 
and  regal  name  of  the  imp'jrial  crown  of  this 
realm,  and  to  bring  our  said  sovereign  lord  the 
king  to  death  and  final  destruction,  the  14  th 
day  of  Seplemb<;r,  in  the  36th  year  of  the 
reign  of  our  said  sovereign  lord  the  king  that 
now  is,  at  the  parisli  of  Itotherhith  aforesaid, 
ill  the  county  of  Suney  afort»said ;  didst  pro- 
pose, compass  and  imagine  to  sow  sedition,  and 
raise  rebelliim  a»ainst  our  said  sovereign  lord 
the  king,  within  this  kingdom  (d*  Ivjgland,  and 
to  make  a  miserable  slaughter  among  the  stih- 
jects  of  our  siiid  sovereign  lonl  the  king,  and 
to  cause  our  said  sovereign  lord  the  king  to  be 
deposed  from  the  regal  st'ite,  title,  and  honour 
of  the  imperial  crown  of  this  realm,  and  to 
put  to  death,  and  final  destruction,  our  said  so- 
vereign lonl  the  king;  and  the  government  ot 
this  his  kingdom  of  England  at  thine  own  w^U 
and  pleasure  to  change  and  alter ;  and  the 
state  of  this  king^lom  of  England,  in  all  its 
parts  well  ordered  and  constituted,  to  overthrow 
and  subvert ;  and  to  levy  war  against  our  said 
sovereign  lord  the  king,  within  this  kingdom  : 
And  tocoiU[dete  thy  s^iid  most  wicked  treasons, 
and  traiterous  puV(Mi>t^i,  and  imaginations  ; 
and  to  raise  discord  between  our  said  sovereign 
lord  the  king  and  his  people.  Thou  the  said 
Thomas  Roscwell,  the  atiiivsaitt  1  ith  day  td* 
September,  in  the  .'ttjtli  year  aforesaid,  at  the 
|>arisli  aforesai<l,  in  the  county  aforesaid ; 
falsly,  unlawfully,  setlitioiisly,  maliciously  and 
traitorously,  in  a  certain  unlawful  assemblv, 
and  in  the  presence  and  hcaiiiig  of  divers  suo- 
jects  of  our  said  so\  er«^  ign  lord  the  king,  tlicn 
and  there  unl'ii\ifull)  ar.d  seditiously,  and 
against  the  laws  of  this  land,  assfuibleil  and  gn- 
llu;red  tojri'iher  :  <lidst  speak,  assort  and  de- 
clare, *Thal  ilu-  People'  (m«*aningtlie  subject* 
of  our  said  soxeieig'i  lunl  ilie  king),  *  made  a 
'  Hocking  to  uursiiitl  sovereign  lord  the  king, 

*  upon  [)retenre  of  healiuLf  the  king's-c\  il, 
'  whirli  he'  (uiraniiig  our  said  sovereign  lord 
the  king)  "  could  not  do  ;  but  that  we'  ^ni(;an-> 
ing  thyself,  and  other  traiit- rous  |)ers<ius,  sub- 
jtx*ts  of  our  said  lord  the   king)  *  are  they   to 

*  whom  they'  (meaning  the  subjects  ol  our 
said  lord  the  kiiig)  ^  ought  to  tlock,  bec'ause 
*•  we'  (uieaning  thyself,  and  the  said  other  trai- 
terous persoi^)  *  are  oriesJs  ami  prophets,  that 
'  bv  iHir  prayers  o.in  heal  the  d<doiu*s  and  griefs 

*  of  till'  peo|)li.'.  \Vi;'  (meaning  the  subjects 
of  our^>aid  seven  iijn  lonl  ill;*  Ling)  *  havt?  !iad 

*  two  UH.Krd  kiiiy>'  (the  most  serene  <.'liarles 
till'  fi;-st,  l:.iekinf.  of  Kiigland,  and  our  said 
soveriiyn  lord  tlie  Linic  that  n<iw  is,  nifaiiinif) 
'  to.«;ether,  who  liavi*  |KninliU'd  pupcry   o  enter 

*  i.i  ursiler  their  noses  i'  whoi;i  iusi-aiiinvr  the 
said  ChurlfN  the  first,  late  Kiiiir  ('f  KngUuHJ, 
an  our  said  covert  i<;n  lord  ihtr  kisii**  that  now 
is)  '  we  can  resemidc  to  no  oiimt  person  hut 
"  to  iiio.»,t  wicked  Jeroboam. '  '  Ai:!!  ihal  if  they, 
(meaning  the  said  eviUiiisposiMl  |u;rM»ns  thi-u 
and  there,  so  as  aforesaid  with  thee  unlawfiiHv 
assembled,   aud  gathered  together)    ^   \^ouIl1 


I 


151]     STATE  TRIALS,  36  Charles  IL  iC84.— Ti  iW  of  Thomas  Rosewell,     f  158 

Ros.  I  liumbly  thiinkyou,  my  lord;  Ihope 
you  M  ill  pardop.  my  weakness  and  igtionnoe. 
J  crave  tlic  favour  to  have  a  copy  of  my  in- 
dicimcQt. 

Just.  Hoi.  We  cannot  allow  it.  Ynit  cannot 
lie  it^iuiraiit  of  tliat,  it  Las  been  denied  in  many 
cases  of  late. 

Just.  Wfifcot.  We  cannot  grant  it,  eioqrt 
Mr.  .Attorney  will  (^onsent  to  it. 

Just.  HoC.  ^'i)u  must  positively  say  {j^nilty, 
or  nor  guilty.  Sir  Samuel  Astry,  caH  him  to 
his  plea. 

CV.  of  Cr.  How  sayest  thou,  Art  tllM 
Guilty  or  not  Guilty  ? 

Just.  IlnL  Look\ou,  8ir,  you  shall  nolAt 
stnutLne<t,  vou  «hall  hcve  convenient  time  t0 
coi^sider  what  ili;fence  }  on  bu%etomake.  la 
i\v:  mean  time,  we  ha^e  nothing'  to  say,  but  to 
know  of  vou  what  you  plead  ;  Guilty  or  not 
Cluiitx-. 

Al'f,  Gnf.  (Sir  Robert  Sawyer)  If  you  de- 
sire to  have  the  words  rt:ad  again  to  3*ou,  yoa 
Khali. 

Just.  7/()/.  Ay,  with  all  our  hearts. 

Htnt.  I  thank  you,  8ir,  and  my  good  lords.  I 
desire,  if  vou  please,  to  h«ve  it  read  in  Latin. 

Just.  tioi.  Read  it  in  Latin.  [Which  wu 
done.] 

C7.  of  Cr.  TIow  sayest  thou,  Art  thou  Guilty, 
ornot  Guilty  ? 

Jui^t.  BoUoit'ttif.  Now  what  do  yon  say  ts 
it.  Ani  you  ^u'dty  or  not  grilty  f  for  iiidcel 
wc  cannot  spend  our  time  ini [Pertinently,  wi 
have  other  buMness.  Here  is  a  qi!estk»a  yo« 
ou^flit  to  niiike  a  direct  an^ncr  to  one  way  or 
othrr. 

Ruscwefl.  My  Um\  I  liumbly  cro^ne  the  fii- 
vour  it  may  hi*  it  ad  once  more  in  Eng^lisb. 

AtL  Gen.  Sir  Snna:cl  Astry,iTa(i  the  words 
without  the  innuendos. 

Cl.ot'Cr.  (Reafls.) '  That  the  people  made 
"  a  flockinq^to  the  king,  upon  pretence  of  heal- 
Mng  the  kini^'s- evil,  which  he  could  not  do; 

<  but  we  are  tliey  to  whom  they  ou;;lit  to  flock, 

<  because  we  are  priests  and  prophets,  who  can 

<  heal  their  prriefs.      We  have  now  bad  two 

<  wicked  kings  together,  w  ho  have  permitted 

*  Popery  to  enter  under  their  noses,  whom  we' 

*  can   resemble  to  no  other  person  hut  to  the 

<  most  wickfHi  Jeroboam  :  and  if  you  will  stand 

*  to  your  principles  I  do  not  fear  but  we  shall 

*  he  able  to  overcome  our  enemies,  as  in  former 

<  times,  with  rams  horns,  broken  platters,  and 

<  a  stone  in  asHng.' 
Jnst.  Uolhtcay.  Now  you  hear  your  charge 

both  in  l^atin  and  English' ;  pray,  thcrelbre 
let  the  court  know  what  you  do  plead ; 
gnilty  or  not  guilty  to  it. 

Hmcwt  II.  Not  Guilty,  my  lonl ;  and  I  Ueas 
mv  ( fod  ii)r  it. 

'Cf.of'Cr.  Culprit,  how  will  thou  be  tried  ? 

Rmni'fll,  By  Gwl  and  my  country. 

f  7.  ofVr,  God  send  thee  u  good  deliverance. 

Rv^'fucU.  These*  are  things  that  my  soni 
abhors,  1  thank  my  God. 

Att.  Otn.  Mr.  Justice  Ilolloway,  will  you 
please  to  appoint  some  time  for  his' trial  ? 


*  stand  to  their  principles  «liou'  (im.-anin^  thy-  | 
^e!f)  *  didst  uj It  «('ar,  but  they'  (meaninu  thyself,  j 
and  the  said  ev  il  -liisjiosi  d  persons)  *  would  over-  ' 

*  cwiiie  tlieii-  enioiies,'  (meanihi;  our  said  sove-  i 
reljiifn  l<»i-d  ilij'  Uiiiji   and  his  subjects)  ^  as  in  ' 

*  furnuT  li-Mis,   with  raois-horns,   broken  pht-  ' 

*  ti-rs.  (iiKi  :i  st  Mie  iU  a  sJintf  ;*  against  tii*^  dmy  . 
of  tijy  :iiK*;j:iai::- »,  «jja!ii-1  the  pimec  i»f  our 
Ro»e.»ii>ri  loi-.l  rlH  kinsy.  Iii>  (loivo  and  digr.ity, ' 
and  a'lfJuiiM  i!i.'  .-erui  ot  ilie  siaiuti  in  ihat  luse  ' 
ina-li-  an!  )<ru\i.Kd.'  "  How  >ayst  thou,  Tho-  ' 
mas  R:iAt'we]l  ;  Art  :hon -^uiiix  of  this  High- | 
Treason  w I iereof  thou  siimdf^?  iin'icted,  and' 
bust  h(s  n  nou-  :irraigncd,  f»r  not  (iiiiliy  ?  j 

Mv.  Kuiucll.  M\  I'iid.  !  hunildy  crave  the  i 
favt)ur  lo  < ;.,  ;'.k  a  \sv\\\.  *  ! 

Ju-!.  Hri/caij/.  Uhat  is  it  you  iv'ould  say,  '• 
Sir!'    V«.n  mi>-l  pie::d.  '  '    \ 

RifS.  .My  lord,  i:iy  c'l-irj^^c  is  very  high  ;  anil  , 
IbKss  mvGod,  I  am  not  eonsoiuis  to  invstif 
uf  RMV  ifuiit  as  to  those  tbinjfs  tl>Ht  you  have  ; 
hearJ  roril,  and  el:ai"fvd  ii|iiMi  me I 

Jnst.  Jfti'.  if  vou  «ii|  pbad,  JSir,  to  this 
indictriunt,  so ;  tliat  is  s.ll  )ou  have  to  do  now. 

Itiif.  My  innocence,  is  my  great  comfort 
under  the  (iod  of  heawm,  who  know.:  they 
have  laid  to  my  chan^o  thing*,  that  1  know  not. 
1  do  protest  my  abhoiTcnce  of  these  things  al- 
ledge<l  to  be  said  by  me  against  my  sovereign, 
whom  I  honour  iii  my  heart,  and*  daily  pray 
for ;  I  bless  m  v  Goil  for  it. 

JwHt.  HoL  I  hope  then  your  innocence  will 
Ci ear  you.  l>ut  we  have*  nothing  to  do  no%v 
Init  ti»  take  yonr  answer  to  this  question,  whe- 
ther you  are  guilty  or  not  giilty,  of  what  you 
stand  indi<-tr-d  fcirV 

jRoA.  I  liuinUy  vmvt:  your  lordship's  pa- 
tienc*'  a  little.    !*ray.  my  lord,  give  ir.e  leave — 

Just.  IJui.  Sir.  you  will  bj  lieaid  whatever 
you  have  to  say,  at  the  tim*?  of  your  trial. 

Rox.  Pmy  lu'ar  nie  a  few  wonU,  my  lord  ;  1 
wouUl  not  tiWpass  upon  your  j.alicnce*;  1  have 
hut  a  few  words  to  suy. 

Just.  Walcat.  You  must  plead, guilty,  or  not 
guilty,  lirst. 

RiKs,   My  lord,  I  bc:$eecli  you 

Just.  Hot.   Sir,  we  cannot  hear  you  in  a  case 
of  so  great  weight  and  moment  as  this,  till  you  | 
have  pleaded.     Vou  will  have  time  enough  at ! 
your  trial  to  mnkeyour  defence;  and   all  we' 
can  do  now  is  to  taiie  vcur  pteu  of  guilty  ornot 
guilty. 

Ro$.  ]\Iay  it  please  your  honours,  you  arc 
sensible  of  iny  giinit  weakness  and  ignorance  in 
matter  of  law,  and  things  (»f  this  nature ;  I  ! 
therefore  Immbiy  beg  I  may  have  counsel  to  . 
assist  me  in  this  bu^inr.NS.  | 

Just.  Walcot.  If  there  beany  tbingof  matter  ! 
of  law  doth  arise  upon  your*  tiial,  the  court 
will  assign  yon  counsel. 

Just.  Jiol.  We  eanno!  asMgn  you  coun«;fl  at 

fircsent,  for  we  ha^  e  nothing  to  assign  it  upon, 
f  there  do  any  question  of  law  arise  in  your 
case,  thenthecourt  will  (as  they  are  bound  to 
do)  take  care  of  jou,  that  you  siitrer  no  preju- 
dice tor  want  of  ihe  a*»ista*nct^  of  counsel ;  and 
in  matters  of  fact  upon  your  trial,  the  court 
are  of  counsel  tor  ^  uu. 


I5SJ 


STATE  TRIALS,  36  Charles  II.  l6S4^or  Hi/^  Treas&n. 


[154 


Jmtice  Highway.  Wiial  time  would  you 
bare,  >Ir.  Attornev  7  When  can  you  be  ready, 
Mr.  Ruscwell  ? 

RMewcfL  !  dpsire,  my  lord,  it  may  he  on 
tbe  Idth  of  November. 

Just  HoiiauiaM.  What  day  of  the  week 
iitfaat  ? - M r.  clerk,  U|>oo  WVdnesilay . 

JiBt.  Holiomay.  Are  theru  no  ar^^umciits 
apMinted  for  that  ilay  ? 

tkrk.  There  is  a  jury  of  Northam[)t(iDiibire 
he  that  day. 

Jodt.  HMowtijf.  Tlien  it  cannot  l>e  t!)at  Jay. 

Rotewe/L  Then,  if  it  pte&se  your  honour^s,'  I 

me  it  may  be  tlic  next  day  ;   uj>oii  Thurs- 


Att.  Gen,  When  it  is  mojit  convenient  for 
tbebasiness  of  the  court. 

JmL  HoUotiay,  8ir  Samuol,  yon  will  see 
when  it  wilt  be  most  convenient' at  tiic  return 
of  tbe  Venire 

CL  of  Cr.  Must  I  return  it  ? 

Ait^Gen.  No;  the  shrritf  miMt :  ami  the 
eoonie  is  to  make  it  returnable  tlie  same  day 
tbt cause  is  tried. 

RofeteelL  My  lonl,  I  hambly  desire  I  may 
hire  eounitel  allowed  to  come  to*  me. 

Alt,  Gen.  You  can  have  no  counsel  allowed 

BaeKtlL  uly  lord,  I  request  that  my 
friends  may  be  alIo\v«Hl  to  come  to  nie  in  the 
nieui  time';  I  have  been  a  prisoner  above  tliis 
month,  and  not  penuitted  to  see  my  friends, 
nor  they  to  see  me. 

JiiA  Hoi/oieuy.    What  friends  would  you 

have? — hustwelf.  My  relations. 

Jost.  Wate&i.  ThatHations  is  a  larjare  word. 

.Att,  Gen.  Trtdy,  t^r,  I  think  he  may  have 

liberty  lo  discourse  uith  any  person  in  the  pre- 

lieoce  of  the  keeper,  I   shall  not   oppose  that. 

RosattU.  Yes,  uiy  lord,  1  desire  uo  other- 

wise. 

JnsL  Walcdt*  Who  do  you  name  to  come  to 
you? 

RnaceU.  I  have  poor  children,  that  desire 
sad  lun^  to  see  me. 

Jost.  Hoilouay,  Who  do  you  say,  you  would 
ba«e  come  lo  vuu  ? 

R-MTureil.  Ay  wife  and  chihlrrn,  my  lord, 
rtm  are  my  bowels. 

Ait.  Oeii.  In  the  presence  of  the  keeper  1 
casDOt  oppose  it. 

Raseaetl.  Will  your  lordships  please  to  al- 
fow  counsel  to  come  to  me  ? 

Just.  HoUowaif,  We  cannot  do  it  by  law. 
The  court  is  to  be  of  i*ounsel  lor  you  when 
yea  come  to  your  trial.  The  court  will  not 
■iffer  any  thui^  to  bu  done  to  your  prejndiuc 
■gainst  law. 

Rotttcell.  Is  there  any  statute,  my  lord, 
that  forbids  the  j^vincf  ol'  counsel  ? 

Jufcl.  HolloKtiif.  The  law  forbids  the  al- 
bwiD^  of  ooumiel  in  capital  causes :  unless 
where  mrtter  of  lawdotli  arise. 

Roseveii.  My  lord,  as  I  remember,  Fitz- 
karris  had  counsel  allowed  him. 

Jvst.  HolUmay.  That  Mas  in  a  different 
rase,  in  a  matter  where  there  were  special 
pleadings  ;  this  is  a  general  issue. 


Att,  Gen.  That  was  in  a  mattet  of  law, 
that  was  insisted  upon,  but  it  \s  not  so  here  ; 
if  this  gentleman  had  any  matter  of  law  to 
ph*ad,  he  should  have  counsel  assigned  him 
too.  But,  Sir,  I  think  Tuesday  thr  18th  of 
November  will  be  the  frecsit  and  most  conve- 
nient day. 

Just.  Uolhmay.  Let  it  be  that  day  then. 

C7.  of  Cr.  The  18th  of  November  is  the 
day  of  your  trial. 

Roseu  eii.  But  my  loni,  was  not  comisel  al- 
lowed him  before  his  trial  camp  <m  ? 

Just.  Ilollozcuy.  Yes :  but  that  was  upon 
a  special  plea,  of  a  matter  in  law. 

Roseuell.  I  hope  you  wiil  ccmsidcr  my  case 
as  of  one  that  knous*i)otthi>  law. 

Ct.  qfCr.  Tuesday  the  18th  of  November  is 
the  day. 

Roxeiceii.  My  lord,  1  humbly  reauest  the  (a- 
vour  that  any  penwn  that  c*au  speak  of  my  in- 
tegrity, may  i-oiiie  and  testify  tor  me. 

Att.  Gen.  Ay.  ay;  you  may  havesuhpd*nas 
out  of  the  othco  tor  any  l»ody  who  yon  will, 
tliut  are  to  be  witnesses  for  yuii. 

Just.  Wtdcot  The  officers  of  the  eo'irt  will 
do  all  things  that  are  rt^fpiisite  and  legal  for 
y.iu. 

J  list.  Hofhtiay.  Then  take  hack  yomr  pri- 
soner, Kieppr. 

An.  Ocn.  J  do  not  know  tmly,  whether  the 
practice  of  tho  court  is  ,iot  to  commit  to  the 
^urslihlsea,  being  tht'  prison  uf  the  county  ot* 
Sui  rey 

CL  of  Cr.  Sir,  it  niav  he  one  or  the  oither 
w:i^.  as  the  cour:  thintis  tit.  As  long  as  the 
iimg'-^-b^neh  sits  in  MiddleMX,  lie  may  be  pri- 
soner stid  in  the  Gau'- house. 

Kftptr,  Then  llicruleof  the  court  is  thai 
he  siiuil  cninc  again  tlien. 

(.'/.  of  Cr.  \eH.  he  is,  by  rule,  to  appear 
beretiie  I8thof  Novemlicr  next. 

\\  h<M'cuiK>ii  he  was  carried  back  to  the  Gate- 
house. 


Die  Mortis^  Aw.  18,  1084. 

This  day  the  prisoner  was  brou:r|it,  w  rule, 
frtmi  tJM'  Gate- house  to  the  l»ar  of  the  King's, 
bench  conn  to  his  trial,  at  which  all  the  judges 
of  the  said  court  were  present. 

C7.  ()/'  Cr.  Thomas  lt<  sewell,  bold  op  thy 
hand.  [Which  he  did.]  Those  men  that 
thou  shait  hear  called,  and  do  personally  ap- 
pear, are  to  pass  between  our  sovereign  lord 
and  thee,  upon  tlie  trial  of  thy  life  and  thy 
death  :  If  therefore  thou  will  challenge  them, 
or  any  of  them,  thou  art  to  speak  unto  them 
as  they  come  to  the  hook  to  be  sworn.  Sir 
Gpnr<;t;  Sheeres,  baronet. 

Rosetcell.  My  lord,  I  would  humbly  crave 
the  favour  of  your  kmlship,  that  I  may  hare 
the  use  of  pen,  and  ink. 

L,  C.  J.  r8h-  G.  Jeffreys.)  Ay,  in  God's 
name  let  him  liave  pen  and  ink. 

CL  of  Cr,  Swear  sir  George  Sheeres,  hart. 

Roseweli.  I  beg  I  may  have  pen,  ink  and 
paper,  before  he  be  swum. 


155]     STATE  TRIALS,  36  Charles  11.  l6S4,.—TYial  of  Thcnm  Ram»th 


L.  C.  J,  Ay,  let  him. 

Crier.  Look  upon  the  prisgner.  Sir,  you 
shall  well  and  truly  try,  and  true  deliverance 
make  between  our  sovereigfn  lord  the  kinfi^,  and 
the  prisoner  at  the  bar,  whom  you  shall  have 
in  charge  ;  and  a  true  f  erdict  gi?e  according 
to  your  evidence.  So  help  you  God.  {Jurat* 
Sir  George  Sheeres.] 

HosewelL  My  lord,  I  challenge  him. 

L.  C.  J.  That  you  cannot  do  now  he  is 
sworn. 

RosewclL  I  was  surprised,  my  lord  ;  I  did 
not  know  it. 

X.  C.  J,  I  cannot  help  it,  Mr.  Rosewell, 
you  m  ust  mind  your  business.  We  cannot  im- 
swear  him  again.     Go  on. 

CI.  qfCr.  Sir  St.  John  Broderick. 

Crier.  Look  upon  the  prisoner,  Sir  ;  You 
aball  well,  Aec.     Jurat'  Sir  St.  John  Broderick. 

RosezoeiL  I  challenge  him. 

X.  C.  J.  You  cannot,  Sir ;  he  is  sworn 
now. 

Rotewell.  I  beg  your  lordship's  pardon ;  I 
was  surprized. 

,  JL  C.  J.  Let  us  not  spend  time  in  such  talk 
as  is  to  no  purpose  ;  I  tell  you  we  cannot  un- 
swear  him. 

RotewclL  I  desire,  my  lord,  my  challenge 
may  be  received,  I  was  going  to  speak — 

jL.  C.  J.  It  cannot  be  afler  he  is  sworn  ;  we 
cannot  make  a  new  law  for  you.  Mind  what 
was  said  to  you ;  if  you  have  a  mind  to  chal- 
lenge any  body,  you  must  challenge  them  be- 
Ibre  they  come  to  be  sworn. 

CL  o/Cr.  Sir  Robert  Knigbtley. 

L.  C,J.  Mind  the  thing  you  are  about,  man : 
apeak  now,  if  you  have  a  mind  to  challenge 
hjm. 

Ros.  I  do  not  challenge  him. 

CL  qfCr.  Then  swear  him. 

Crier.  Look  upon  the  prisoner,  &c.  [Jurat' 
sir  Robert  Kniglitley.] 

L.  C.  J,  Pray  now  mind  the  thing  you  are 
about ;  you  are  lofking  about  you  ior  some 
private  mark,  or  bint  to  be  given  you  by  some 
body,  and  so  lose  your  time  of  challenging. 
You  must  challenge  them  as  they  come  to  the 
book  to  be  sworn,  and  before  they  are  sworn. 

Ros.  I  beg  your  lordship's  pardon  ;  I  was 
minding  to  set  down  the  names  in  my  paner, 
because  I  am  to  take  notice  of  those  I  cnal- 
lenge  for  their  number. 

£.  C.  J.  You  shall  have  all  the  fair  advan- 
tages that  the  law  will  ^low  ;  you  shall  have 
your  full  number  to  challenge,  which  you 
may  do  peremptorily,  and  without  cause  as 
to  35  ;  and  as  many  more  as  you  can  with 
cause. 

Ros.  Is  there  any  one  to  note  the  number  ? 

L.  C.  /.  There  shall  be  sure  to  be  notice 
taken  that  you  be  not  surprized  that  way.  You 
shall  have  all  fair  advantages,  I  tell  you. 

Ros.  I  humbly  thank  your  lordship. 

CL  o/Cr.  Sir  William  £lliot. 

Crier.  Look  upon  the  prisouer. 

Hot.  I  chalkngehim. 

CI.  tjfCr.  Sir  Oeorft  Wwdroofe. 


Ros.  I  chall^gehim. 

CL  ofCr,  Sir  Cornwall  Bradshaw 

Ros.  I  challenge  him. 

CL  ofCr.  Sir  Thomas  Bladwdrth. 

Ros.  I  challenge  him. 

CL  ofCr.  Antnouy  Thomas,  esq. 

Critr.  Look  upon  the  prisoner. 

Ros,  I  do  not  challenge  him. 

Crier.  You  shall  well  and  truly,  &• 
Anthony  Thomas.] 

CL  ^Cr.  Francis  Brend,  esq. 

Rm.  I  challenge  him. 

CL  ofCr.  James  Reading,  esq. 

Ros.  Is  it  Mr.  Justice  Reading  • 
wark  ? 

X.  C  J.  Do  you  challenge  him  or 
may  if  you  will. 

Jutt.  yiy  lord,  my  reason  is,  I  ha 
imich  of  him,  but  never  had  an  oppc 
know  him   till  now.    I  have  no 
against  him. 

X.  C.  J.  Then  swear  him. 

CL  ofCr.  Thomas  Newton,  esq. 

RoS'  I  challenge  him. 

CL  f^Cr.  Thomas  Vincent,  esq. 

Ros.  I  challenge  him. 

CL  ofCr.  Ambrose  Muschamp,  es 

Ros.  I  challenge  him. 

CL  of  Cr.  Ralph  Freeman,  esq. 

Ros.  1  challenge  him. 

CL  ofCr.  Joseph  Reeves,  esq. 

Ros.  I  challenge  him. 

CL  of  Cr.  AnUiony  Rawlins,  esq. 

Ros.   I  do  not  challenge  him. 
sworn.] 

CL^Cr.  Thomas  Overman,  esq. 

Ros.  1  have  no  exception  against  h 
was  sworn.] 

CL  of  Cr.  George  Meggot,  esq. 

Ros,  1  challenge  him. 

X.  C.  J.  Crier,  Be  sore  you  bid  t 
upon  the  prisoner,  and  the  prisoner  i 
them,  that  he  may  see  what  he  does. 

Crier.  1  do  so,  my  lord. 

CL  of  Cr.  Samuel  Lewin,  esq. 

Ros.  I  have  nothing  to  say  aga 
[He  was  sworn.] 

CL  ofCr.  Lawrence  Marsh,  esq. 

Roi.  My  lord,  I  desire  to  know  1 
I  have  challenged. 

X.  €.  J.  He  shall  tell  you.    Coui 

CL  ofCr.  Twelve.  Wiiat  say  y( 
Marsh  ? — Ros.  I  challenge  him. 

C/.  of  Cr.  Ambrose  Brown,  esq. 

Ros.  I  challenge  him. 

CL  ofCr.  John  Halsey,  esq. 

Ros.  1  challenge  him. 

CL  qfCr.  John  Awburn,  esq. 

Ros.  1  challenge  htm. 

CL  ofCr.  Heury  Flood,  esq. 

Ros.  1  challenge  him. 

CL  ofCr.  John  Parsons,  esq. 

Ros.  1  challenge  him. 

CL  of  Cr.  John  Petty  ward,  esq. 

*  See  a  Note  to  the  Case  ot*Don 
Sa,  vol.  Ik,  p.  46a. 


STATE  TRIALS,  36  Charles 

0  not  challeDge  bim.     [He  was 

Ricfaard  Coldbaro,  esq. 
»  not   challenge  him.     [He  \vbm 

Robert  Sanders,  esq. 
allenge  him. 

John  Heatlier,  esq. 
b  not  challenge  him.    [He  was 

John  Austin,  esq. 
f.  Sir,  doth  this  make  twelve  if  he 
■CLrfCr.  Yes,  Sir. 
n  I  do  not  challenge  him.  [He  was 

Crier,  coant  these.    Sir  George 

«,«&<;.  ^ 

John  Austin. 
relre.  Good  men  and  true,  stand 
hear  your  evidence, 
re  ftworu  were  these  :  Sir  Gcot^ 
St.  John  Rrodcrick,  sir  Robert 
inthoDV  Thomas.  James  Rcailing, 
wlins,  Yhomas  Overman,  Samuel 
B  Pcttywani,  Richard  Coldham, 
9*,  and  iFohn  Austin. 

llionias  Roscwell,  hold  up  thy 
eh  he  did.]  Gentlemen,  you  of  the 

Bm  the  prisoner,  and  hearken  to 
e  stands  indicted  by  the  name  of 
■evrell,  &c.  (Proiit)  in  the  indict- 
&  mutandis. — Upon  this  Indict- 
fc  been  arraigned,  and  thereunto 
Iwl  Guilty  ;  and  for  his  trial  hath 
'ipso  God  and  his  country,  which 

1  mfe.  Your  charge  is  to  enquire 
be  Guilty  of  this  high  treason,  in 
fcrm  as  he  stands  indicted,  or  not 
you  find  hini  guilty,  you  are  to 

t  gnods  or  chattels,  lands  or  tenc- 
■d  at  the  time  of  the  high  treason 
or  at  any  time  since,  to  your  know- 
'ou  find  him  not  guilty^  you  are  to 
!thitr  he  fled  tor  it ;  if  you  find  that 
il,  you  are  to  enquire*of  his  ijfoods 

tsif  you  had  found  him  guilty.  | 
him  not  Guilty,  and  that  he  did  not ' 
a  are  to  say  so,  and  no  more,  and 

evidence.      Crier,   make  procla- 

I  yes,  O  yes,  O  yes !  If  any  one 
Kj  lords  the  king's  justices,  the  \ 
nt,  tlif  kinir's  attorney -general,  or  | 
I  Boir  taken,  of  the   high-tnrason 
i  prisoner  at  the  bar  stands  indicted, 
■e  fbilb,  and  they  shall  hv  hcn&rd  : 
■firot'  persons  that  arc  bound  to 
M  en  tne  behalf  of  our  sovereign  ' 
If  IfMHt  the  prison«'r  at  the  liar,  ; 
Mefcrth  and  give  their  evidenre  ; 
ifriMBSr  atands  at  the  bar  uiM>n  his 
t:  er  thej   forfeit   their  rccogni-  j 

Ibf  it  please  your   lordship, 
mefiliejur}' 


II.  1684.-/W  High  Treason.  [  158 

Rot,  Hold  !  Hold !  I  crave  the  favour  that 
the  Indictment  may  be  read  in  Latin. 

L.  C.  J,  Ay,  with  all  my  heart,  let  it  be 
read  in  I^tin.  [Which  was  done.] 

Ros,  My  lord,  I  humbly  crave  leave  to  speak 
a  word  or  two. 

L.  C.  J.  What  would  you  have  ? 

R(}s.  I  beg  your  patience  for  a  word  or  two. 
I  find,  my  lord,  as  1  told  my  lords  upon  the 
day  of  my  arraignment,  that  my  charge  is 
ver^  black  and  nigh  :  and  truly  if  I  were 
guilty  of  those  things  that  are  laid  to  my 
charge 

L.  C.  J.  You  are  now  going  to  be  tried  for 
them.     I  hope  you  are  innocent. 

Ros.  I  humbly  thank  your  lordship  :  1  beg 
you  would  hear  me  but  a  wonl  or  two. 

L.  C  J.  You  must  keep  up  the  method  of 
proceedings,  your  time  is  not  yet  come.  What 
IS  it  you  would  have  ? 

Rm,  My  lord,  my  soul  abhors  these  things, 
I  thank  my  God  for  it.  I  was  going  to  speak 
to  your  lordship,  to  know  whether  the  words 
of  a  natural  or  a  mad -man  be  treason  in  law. 

L.  C.  J.  No. 

Ros,  Tlien,  my  lord,  the  ground  of  the 
question  is  this,  I  find  by  recollection  and  con- 
sideration of  the  words  laid  to  my  charge,  that 
mv  malicious  enemies  have  accused  me  of 
what  any  man  in  his  senses — 

L.  C.  J.  This  is  not  proper,  Mr.  Rosewell, 
at  this  time  ;  for  this  is  but  an  anticipation. 
Vou  must  hear  what  is  first  proved  against 
you.  We  must  keep  up  to  the  forms  ot  law, 
you  shall  have  your  full  time  to  be  heard  what- 
soever you  will  say  for  yourself ;  but  jou  must 
not  anticipate  the  cause  with  previous  dis- 
courses. 

Ros,  I  would  only  assert  my  own  inno- 
cency. 

L,  C.  J.  Not  yet ;  vou  must  not  do  it,  nor 
you  shall  not  do*  it.  XVhen  it  comes  to  your 
turn  to  speak,  you  shall  have  liberty  enough  t> 
make  your  defence  as  long  as  you  will.  Go 
on.  Sir. 

Mr.  Phipps.  May  it  please  your  lordship, 
and  you  gfentlemen  that  arc  sworn :  the  pri- 
soner at  the  bar,  Thomas  Rosewell,  stands  in- 
dicteil,  That  he,  as  a  false  traitor,  not  having 
the  fear  of  God  before  his  eyes,  but  being 
Tuovol  and  siduced  by  the  instigation  of  the 
devil,  and  endeavouring  to  disturb  the  peace 
and  tranquillity  of  the  kingdom,  and  to  depose 
the  king,  the  Mth  of  Soptenil>er  in  the  :)6tli 
year  of  this  king,  at  tho  parish  of  Rotlierith, 
ni  vour  county,  did  falsly,  innlitMOUsly,  and 
trarierously,  purpose  and  imagine- 1(»  raise  a 
ro1>e1lion  \«itliin  the  kingdom,  ar.d  to  deprive 
the  king,  and  depose,  and  put  him  tfiiVath  and 
destruction,  andtli«^  govcrnm«-nL  to  i-l  ange  and 
ullrr,  and  to  lr\y  war  a<r;iiiist  the  kmg  v  itiiin 
the  kingdom  :  and  tlirsc  wicked  purposes  to 
bring  to  pass,  be  tb(!  said  Tlioii-as  Uoseiiell, 
the  said  Mlh  of  StpteinlxT  in  the  ^Gtli  vear 
af'iresuid,  at  the  plsur aioii^said,  fidslv,  unla\i- 
fully,  ntidicimisly,  .•irdiiiously  and  traitcrousiy. 
in  a  ccrtaiu  unlawful  assembly,  th«n  and  there 


159]     STATE  TRIALS,  36  Charles  II.  1 684.— Ti  /a/  of  Thoma$  Itantcell,     f  1( 

And  ^'011,  Gentlemen  of  the  Jury,  I  must  ti 
yrm,  it"  any  "iic  \vhis|»er  anv  of  von,  yon  ou^ 
to  ac<|!iaiiit  the  court  with  it.  It  is  your  dir 
to  be  dircrted  by  the  court,  and  the  evidenc 


congre^tcd,  did  say  and  declare,  '  The  people  : 
'  make  a  flockingf  to  the  kin^,  upon  pretence 

*  cf  healing  the  kiu;;'s  evil,  nhich  he  cnnnoi  ' 

*  do  ;  but  we  are  they  to  whom  llicy  ought  to  | 
'  flock  :  for  »e  are  [)*nests,  and  prophetK,  that  . 

*  can  heal  their  i;riv\anees.  We  have  now  | 
'  had  two  wicked  kings  together,  who  have  . 

*  permitted  f)opery  to  come  in  under  their  ] 
*•  noses  ;  and  wlioin  uo  can  compare  to  none  . 
'  buttlic  n'.ust  \su-k(.d  Jeroboam.  But  it'  th(*\  ! 
■  would  stand  to  their  piinciplcs,   he  did  not  ' 

*  dou!»t,  but  they  shnuid  ovenonit  their  ene-  i 
'  mies,  as  in  loriJier  times,  wiiu  rani's- lion>«,  | 
'  broken  pUiUtTs,  and  a  stoue  in  a  slin;;.'     And  . 
this  is  laid  t(»  he  atrainst  the  duty  of  h;s  aile^jri-  . 
ance,  at^ainst  ih:j  peace  of  t-ie  kini;^,  hi^  rrown  j 
and  dii^nity  ;  a:.'J  aia^dnsl  tiu'  iorni  of  the  sta-  ; 
tute  in  that  case-  made  and  providv.rl.    •!'(»  this 
indictment  he  has  pleade<l  not  cruilty :  if  we 
pro\e  him  guilty  of  this  matter,  yon  are  to  iind 
him  guilty. 

Att.  (Jtn.  May  it  please  your  lordship,  and 
yon  gLUtlomen  of  the  jnry  ;  these  traitenuis 
wonis,  that  the  prijionerat  the  liiir  is  aceuse<l 
of,  wen*  s{>oken  of  in  a  S*»rmon,*  or  nn-aeh- 
luenl  at  a  conventicle.  And  though  the  gen- 
Ueman  doe^i  preteiul  to  much  iimoceney  ;  yet 
vou  v^ill  find,  that  in  open  defiance  of  tlie  law, 
ue  takes  ufion  him  to  preach  avfainst  the  law, 
Dot  only  of  the  land,  but  even  against  the  laws 
of  Aloiighty  God :  for  he  takes  upim  him  to 
be  a  pn^acher  agsunsta  rule,  than  w  hich  nothing 
is  more  plain  m  all  the  Word  of  God,  \i'Z. 

*  That  he  should  not  speak  evil  of  dignities, 

*  nor    revile   the  prince  of  hivS  people.'     I2e 
kno\«s  this  1o  Le  the  niU-  of  tin.'  Seripture  :  and 
yci  in  his  constant  discour^A,  (as   \\v.  sliull 
provi')  hf  makes  it  his  practice  to  re\i!t'   the 
governmenl  on  all  sides.     And  Ly  these  doings  , 
at  this  day,  g'-ntlemen,  you  will  easil\  undci'-  i 
stand  what  the  designs  of  thv^e  conVenlJcIi.'s 
are  ;  only  to  Uiirst^  up  jieope  m  sedition,  and 
trriu  tiiciu  up  to  rebellion  ;  that  they  m»y  bi.>  ; 
rt*udy  lo  break  out  mto  it  wijcii   thei:"  teaeliers  ' 
advi.se  them  to  it.     We  shall  tal'i  nur  w  ii  t-ss**.--,  | 
ami  prove  to  \  on,  that  thi:>  is,  and  has  been  the  , 
eon -slant  U:  nor  i>f  his  discoursr,  \'\z,  Rrvilii.g  ■ 
uf  the  governmenl  ;  and  theu-   is  almost  nn 
text  uf  Scr:ptuie  but,  i:j  his  Ma^>  of  p<-rvertiiig 
it,  heha.s  tmued  agauist  the  QfoviTiimciit.     \\  e 
shall  shew  this  to  he  I'le  haliitnal  eonrsi-  and 
practiiuot  him  \ili(;  ).;e:i:id«  \}  !>(.'  so  |j(»:icst 
and  M>  iunuei'iil  a  njuu.     Crier,  call   Kii/.ahetli  , 
Smith,-*-— liiltoii   ai:d  r'arrar. 

Then  somr  ol  ilir  ;,ounM'i  at  th«»bar,  being 
talking  am<injr   thrmseUcN,    the  Loui  Chxf; 
Justice  repro>e<l    lo-m  for  it. 

L.C.J.  is*u.\.  ;,ou,  guiilencn,  you  must 
not  have     i:jterlocuti0iis    among    vom'.se1ves. 


•  See  .something  concerning  u  Surmoij  m.'iug 
an  u\i-iia(-i  of  treascii  in  the  ar^nmei)*«  etm- 
ccruiug  liii'  exammation  o;'  iiai^i;-!  i^tuart, 
when  lie  was  for  the.  third  tinji*  pp/iniiMHi,  as  a 
witne.vs  tor  the  prisoner  in  Hardy's  Case,  a.o. 
1704,  in  this  Coil'jctiou. 

2  ' 


Ht  re  is  a  man's  life  in  question,  and  that  i.s 
^^-.'V  wei:ihty  thing :  anci  vou  must  not  ta) 
an>  p'.hafo  rnsi nnal ion s,  (mt  only  hearken  i 
\oiir»'\idenre,  and  mind  what  is'^spoken  pul 
iiely,  iliat  the  prisoner  may  be  able  to  gite  ar 
swt-rtoit. 

Jtos.  r  humbly  thank  your  lordship. 

Att.  Ofu.  will  re  are  .Mi's.  Hilton  and  Mrs 
Smith  ?  [Th:  y  wi  re  all  sworn.] 

Hvs.  1  do  humbly  nqne&i  one  favour  of  tlH 
court. 

J..  C.J.  WWdi  wniiM  you  have  ? 

Hns,  I  huu.'jiy  i'-.ig  they  may  l)c  cxaroind 
scparatit/f. 

/,.  C.  J.  They  shpll. 

Ron.  I  lippi'dy  tliank  vour  lord.«:hip, 

Js.  C.  J.  1*1  ho  do  \ou  6egin  withal,  3Ir.  At- 
torney ;* 

IVIr .  Ji}7ics.  My  lord,  we  shal  I  begin  with  Mrs. 
Smiih. 

L.  C.  J.  Then  you  must  make  way,  thit 
the  other  u  itnesscs  inay  go  out  of  hearing.  Yoa 
Crier,  make  wayfortfiem  ;  and  see  IhattbeT 
be  .sit  w  he  re  tliey  may  not  hear.  [Whica 
was  donj'.] 

Att.  Gen.  Come,  Mrs.  Smith,  pray  giri 
my  h>  d  and  the  jnry  nn  account  wheilicrm 
ha>e  been  at  any  nutting,  uhere  this  geatle- 
man  has  been  ?  Whether  you  know  him  Pui 
\\  hat  you  heard  of  him  ?  ' 

Suhth.  I  heard  him  say  this 

X.  ('.  J.  llnhl  u  littlf. 'What  is  thiswomiB*! 
name.  F.l:/.a!u'ih  Smith  ? 

Att.  iji  Ii.  \c<,  my  lord.  Were  you  by  it 
any  of  his  ron^ » nticli  s  ? 

S.'i.iih.  Sir,  I  have  lK*en  ever  since  the  Mlb 
of  J'lly.  uiitil  that  day  for  which  he  was  takes, 
but  onv  Sunday. 

Att.  (.ioi.  Gi\e  my  lord  an  account  of  what 
yon  heanl. — SfHith.  '^  es,  Sii . 

i..  (.'.  J:  \\  hi  re  v\  as  it  that  his  meeting-howe 
w  as  ? 

Sfhif/i.  \  \v.  \i:\t\  ;,everal  housc?s,  private housei, 
a.jd  a  pub.ir  ho-.-ji-  «ff 'lis  own. 

L.  C.  J.  ^Vhere?  In  what  place  ? 

S/iUf'i.  In  .Salisiimy-sticet,  r.ear  his  wn 
dwollinij. 

/..  r.J.  Wl.cic    isth.M? 

S:,  iff),  hi  iivili  -rliilh. 

J .  C  J  \'n\  w»iv  fiequently  there  yot 
S.1J  ? — .N/j.ii*/.   ^  t?s,  ni\  Kii'l. 

L.  C,  J  V.  hi  I  '..m.'.jir  of  people  might  be 
there,  as  yon  i^ik'ss  '/ 

S/i:ii.'!.^\  bt'lie.i  .In  :♦  n.lglu  i,e  100  people, 
or .'.(;(;  ronMn:)nl\ . 

J..  ('.  J.  V»  liSi  .s'.it  ofpet;*'.!  w»  re  they  ? 

S/iuift.  Men  aiiii  \M»mei>,  Iioum-- keepers. 

J..  (.'. ,/.  W  oil,  wh  It  ditl  yiii  I:r.ir  him  sayi 

*N '///(.  I.  i  ea;:  tfive  \oi:  an  account  of  hi 
>.orni(.ns  s  •;«  it:!  «la\s. 

i..  C.  J.    Im»  so. 

^ithtt/i.  The  fiisl  ns'tioe  thai  1  i'K>k  ofani 
thin;^   co:iCi;iniiig  tlic  go»iimueLt,  was  upui 


I]  STATE  TRIALS,  3(7  Cm  ah  i>is  II.  \  eu.-^for  High  Treason, 


I  of  AngiKI,  uui  diAt  )irai  coDc«mitigf 

giesty  ;  aod  then  m  liis  prayer  aft«r  scr- 
e  wisbed  h^  ml^t  not  u^trnd  God  in 
frtvitii^  Ibr  the  kinK* ;  but  that  it  might  |>lease 
^  to  opea  kig  eyes,  and  ibe  times  nii^t 

GrJi.  WbAl  otber  iliioffa    have   tou 

I/'  f  time  th«it  T  hesrd  bini  was 

Ineiii...^,.-,     _^^^  ^h'«  fltat  was  m  W«t- 
ltM«  in  »  bouie  ii>  Iscu  hf  tva^  sj-i^uk- 

dom  and  ^  ,  u^  and  he  hrou^tit 

of,   not  (iouhtiti^  bat  if  there  bad 
^hleous  p«TKan«»,  tUc?  city  had  not  been 
but    he  1 1  id    not    Dican    rcoor* 
rlorrl-TTTftyors. 
m,  >v  vra«  that,  mistress  ? 

\\  til,   uhat  did  you   heir   him 

I  the  dnv  in  tlie  indictment,  the  14th 

n\»er'f 

Ho  a»Ml,  *  The  people  made  a  flock- 

Iff..  I  .««  1,^  ^m^  ^^^  king**i  oTil,  wiiich 

fOOLi  but/ lavfi  he,  *  we  arc  I  hey 

>.k  uoiQ,  fur  wt;  ore  prieils  and 

^ttiaibyour   pr^^eri  can  cure  their 

lie  siid,  *  \Ve  have  now  bad 

jelced  kings  log:ether,  \vhicli  hu.ve  per- 

"■tf  j>ery  to  coiue  ja    under  tlieir  noses, 

I  he  compared  to  noibiriu;  but  to  most 

)cjx)boaiu>'     And   then   aftt-r  Ut*  had 

I  a  good  H'hile,  again  he  said,  v  Ifthey 

'  >0ijJd  fltand  ta  their  principles,  be  did  not  fear 

'btthrr  should  ovei-comc  their  eoeruieSf  as 

'it  former  timesi  with  broken  platters,  rams- 

"^  '  a  stone  in  a  sling.* 

When  \fa3  this? 

This  Mvm  upon  the  I4lh  of  September , 

ICX   Wlien&waait  ? 

imiiL    At  one   Caplaiii    Daniel    Weldy*£ 

ti  C.  X  What  is  he^  a  seaman  ? 

Y«i»   and  he  prayed  for  him,  being 

ea,  and  hia  son  boilii  who  was  if  I. 

How  many  do  you  think  might  be 

'  allbal  lime? 

There  wu<  a  low  paHour  full,  and  a 

^^  rxHtm  up  «ix  fteps ;  and  where  he  preached 

fOtie  |»aJr  of  ttairs^  there  waji  a  targe  room 


.C.J.  W 


,  J.  Where  did  he  slanil  ? 
imik.  In  the  door-case  of  that  room,  that 
iiiaand  lui^t  go  up  and  down. 
L  C  J.  flow  many  people  in  tiuinber  might 
'    f  be,  thifdc  you  f 

utL    I    cjuinot  tell  I  oiy  lord;    a  great 

.C*J.  How  tnaoy,  as  nigh  aa  jou  can 
lartliink? 
k^  Stjfenil  hondred«of  them. 
»J*  D<*  ^on  kuow  any  oftheiu  ?  Were 
"e  of  any  ijuality  ? 
t'es,  I  know  a  great  many  of  them  ; 
bea  are  in  the  court,  an^  about  the 

.  X  Wlia  itfood  at  the  door  ami  let  you 


[162 

Smith,  One  Mr.  Paul  8hed ;  and  he  was 
anirry  at  my  coming  with  pattens,  for  thej 
matte  an  impression  in  the  ground,  &nd  g'a?e 
notice  to  othen;,  that  tliere  waii  company  there  ; 
and  I  promised  him  I  would  come  no  more  with 
thetn.  ( 

Joat.  Wakot.  Waa  he  door*kee|tcr  ?  What 
ia  he  F 

Smith,  A  brasier,  I  think. 

Just.  HolloAtty.  Had  you  any  notice  of  & 
coorenticle  that  was  to  be  there  ?  * 

/.-  C.  J.  Ay ;  tell  us  how  you  came  thither  ? 

Jteccrder,  (8ir  Thomas  J enner.)  How  came 
you  to  6nd  it  out  that  there  was  a  meeting  at  ^ 
such  a  place  ? 

Smith.  At  first  1  found  it  by  dogfging  ol' 
pti-tiple  as  they  went  abng ;  and  afterwards, 
there  were  people  aet  commonly  at  a  place 
called  Cherry  garden  stairs  to  g-ive  notice  ;  and 
iometimes  1  naked  there,  atid  liometimes  I  went 
to  Mr.  i!(hed*^  house  to  cn4uirc. 

L.  C,  J.  Shed,  you  say,  was  preseut  there 
fheu  ?^ 

Smith,  Yes,  he  let  me  in. 

L.  C.  J,  What,  he  was  the  man  that  ma- 
naged the  conventicle.  He  was  clerk,  1  sup- 
pose ;  was  he  not  ? 

Smith.  I  never  he»rd  him  say  Amen  ;  but  I 
have  beard  him  expound  in  the  conventtde 
sometimes. 

L.C.J,  Ob,  he  was  a  journeyman  preacher^ 
it  seenii;. 

Recorder.     Pray  was  there    any  store  of  '  J 
Watermen  and  Seamen  there  ? 

Smithy  Yes,  abundance  from  Elotherhith,  or 
tliereabouts. 

X.  C.  X  Which  way  came  all  the  people 
that  were  there  ? 

Smith.  From  Depttbrd  and  Rotberhith,  and 
all  thereabouts. 

X.  C  X  Was  it  near  tlte  water-side  ? 

Smith,  Yes,  not  far  from  it- 

X.  C,  X  Well,  Mr.  Attorney,  have  you  any 
mare  questionii  to  ask  her  ? 

Alt.  Gen.  No,  1  think  not«  Mrs.  Smith, 
vou  have  heard  him,  you  say,  at  other  days  ; 
how  did  he  use  to  treat  the  govenunent  in  hit 
pi  eaciiiojr  at  other  times  ? 

Rqs.  My  lord,  1  boieech  your  lordships  to 
tell  me  whether  these  questions  are  proper  to 
be  put,  it  not  relating  to  the  matter  ttiat  1  am 
accuse'l  of? 

X.  C.  X  Yes,  ye^^  to  give  an  account  of 
the  disposition  of  your  uiind  ;  very  proper  as 
can  be. 

Rot,  Because  it  is  not  part  of  tny  charge^ 
and  I  cannot  be  prepared  to  anj;%ver  it. 

X.  C.  X  When  the  kiugr's  counsel  hargk 
done  with  her,  you  may  ask  her  any  questions  ; 
but  vou  must  let  them  go  on  first. 

Ait.  Gen,  My  lord,  it  is  charged  that  ha 
spoke  these  words  with  a  tmiterous,  malicious 
mind ;  and  what  better  evidence  of  such  u 
mind  than  his  usual  discourses  ? 

Smith.  The  31st  of  August^  I  heard  him 
preach  at  Patil  Shed's  house  ^  imd  there  he 
preached  Uiat  there  was  a  certaiti  great  man^U^a^ 

M 


J  63]     STATE  TRIALS,  3ff  Chables  II..1684.— Trtff/  of  TXomm  Romoeil,     [164 

testified  ;  but  <lo  not  preacfa  to  her.  It  n  dM 
your  work  to  catechise  the  witnesses,  that  is 
tlie  Uuty  of  the  ^urt,  and  we  shall,  no  doubt, 
take  care  to  do  our  duty.  And  I  will  tell  her, 
to  save  your  preachment,  she  is  in  the  presence 
of  theg^reot  God  of  heaicn  and  earth,  before 
whom  we  must  appear  at  the  gfreat  day  of 
judgment,  to  give  an  account  of  every  word 
we  speak.  And  you  are  under  an  oath,  and  if 
ill  case  you  tell  one  tittle  of  a  lye  in  your  testi-" 
mony  afr«unst  the  prisoner  at  the  bar,  who 
stands  now  to  be  tried  for  his  life,  it  will  be  jwt 
with  the  great  Gud  to  sink  3'ou  down  into  hdl- 
fire  immediately.  Tkieretbre,  1  require  yon, 
upon  your  oath,'  not  to -speak  one  word  bat 
what  IS  truth. 

Smiih.  My  lord,  I  assure  you,  I  will  rather 
say  less,  tlian  add  any  one  tittle. 

L.  C.  J.  Mr.  Rosewell,  ask  her  what  yon 
will,  but  do  not  give  yourself,  nor  us,  the 
trouble  of  a  preachment  to  teach  her  the  ohli* 
(pition  of  an  oath  ;  for  she  very  well  knowi, 
It  seems,  what  it  is,  and  says  she  will  rather 
s]>euk  less  than  more  than  the  truth. 

Rtt».    I  humbly  thank  your  lordsh^  fn 
what  you  have  said  to  her.  Mrs.  8mith,  vnf' 
was  you  at  Kothprhitli  the  14th  day  of  nh^ 
4cinlier  i* 

Smiih.  YeK,  that  1  was. 

Bo$,  Did  you  come  alone  P  or  whom  cadM 
with  you  ? 

Stmth.  Mrs.  Hilton  came  along  with  me,  ^ 
I  and  another  gentlewoman,  and  Mr.  Shed  let  us' 
in  all  together. 

Riis.  Who  is  th;it  Mi-s.  Hilton  ? 


lived  altlie  upper- end  of  Grace-church -street, 
about  tl;'-.  timi^  eiu;litcen  years  agonc ;  I  name 
no  body,  s»vs  fie,  yomlf  know  him  whom  1 
i.icaii  :  A.^ii  there  came  a  certain  poor  man  to 
liiu>  ;  lie  was  nut  a  |>oor  man  neither,  hut  a 
carpfntt'.r Ly  tmife,  cue  that  wrought  for  his 
living,  a  biiouring  man ;  and  told  that  great 
man,  if  he  \toiild  take  his  advice,  he  would  tell 
him  how  to  quench  the  fire,  but  he  pishetl  at 
it,  uiid  made  light  of  it,  and  would  not  take 
his  advice.  Which  if  it  had  not  been  tor  that 
grvat  man,  and  the  lonl  mayors  and  sheriffs 
that  have  been  since,  neither  tliat  fire  in  I^on- 
don,  nor  the  fire  at  Wapping,  nor  the  fire  at 
South wark,  had  gone  so  far  or  conic  to  what 
they  did. 

L,  C.  J.  There  wvlh  a  great  man  tlmt*  lived 
at  the  upper-end  of  Grace-church-strect ! 
Who  did  he  mean  by  that? 

RtconUr,  He  meant,  we  suppose,  sir  Tho- 
mas blood  worth,  that  was  lord-mayor  at  the 
lire-time. 

L,  C.  J.  He  did  not  live  there  then. 
Recorder.  It  seeius  he  said  so. 
Att,  Gen.  Pray  Mrs.  Smith,  let  me  ask  vou 
one  question.  How  fur  were  you  «jff  from  lum ; 
and  where  did  you  sit  this  14th  day  of  Sep- 
tember, when  you  heard  him  say  tliuse  words 
yeu  speak  of  1^ 

Smith,  I  sat  upon  the  bed,  and  he  was  stand- 
ing at  the  door. 

Ati.  Gai.  My  lord,  we  have  done  with  this 
witness  at  the  present. 

L.  C.J,  Now,  Mr.  Rosewell,  if  you  will, 
you  may  ask  her  \s  hat  questions  you  piea.se. 

Ron.  My  Itinl,  1  was  before  going  to  l»eg 
your  psirdon  for  uiy  weakness,  U*iiig  altogether 
unacc|uaiiited  vtitirtlicse  tlnng:^:  and  that  yon 
would  look  upon  niu  as  one  that  is  fRo/is  von- 
siliiy  and  puiuon  any  thing  that  coincN  from  me 
iiiil)ertineiitlv.  I  cannot  s]«eak  to  her  as  a 
lawyer  to  sift  her,  and  search  out  the  truth  ; 
will  your  lordship  givu  me  lca\e  to  i^pcak  to 
her  as  a  divine  ? 

L,  C.  J.  Ask  her  what  questions  you  will, 
hut  we  will  not  have  any  T>f  your  preiflchnients 
here.  You  must  consider  wheiT  you  arc,  }'on 
are  not  now  iu  your  pulpit,  but  at  the  liar  ;  I 
assure  you  wc  do  not  intend  to  make  a  ^n- 
venticle  of  the  King*s-hi:nch  court. 

iioi.  My  bird,  I  meant  only  to  endeavour  to 
convhice  her,  by  putting  some  questions  hkc  a 
divine,  to  her.     Fcir  1  pity  them  though  they 
envy  me ;  and  I  bless  my  God,  have  prnyetl 
for  them  many  times  since  my  iniprisoniricnt. 
X.  C.  J.  W^cll,  well ;  do  nut  btund  to  emu- 
mend  yourself  now,  this  is  not  your  time  of 
making  your  defence :   Only,  if 'you  vull  a^k 
this  witness  any  questions,  yuu  may. 
Ros.  You  are  uuder  an  oatli,  mistress. 
Umith.  1  am  so,  5Ir.  Rose%i  ell. 
Rits.  Are  you  sensible  what  an  oath  is,  and 
the  great  obligation  you  are  under  by  it  to  tea* 
tify  nothing  Gut  thetnith  ?  As  yon  will  answer 
it  10  the  great  God^-— 

L,  C.J.  Ijookyou,  Mr.  Bosewell,  ask  her 
any  questions  to  tne  buuncn  that  she  has  here 


Att.  Gen.  Vou  t^ill  see  her  by  and  by,  Mr. " 
liosewell. 
I      Ros.  Where  did  you  meet  together  ? 
!      Smith.  Mrs.  llilioii  lay  with   me  all  niglit, 
j  and  we  were  together  the  day  before. 

Rvs.  What  time  did  ^  (»u  come  thither,  pn^t 
misti-ess  i' 

S/HUfi.  I   eaine  thither  before  seven  oftbe. 
cloeU,  befoii^  y«iu  caiue.  Sir.  ' 

Rv:i.  And  rpray  wIiom;  house  catno  you  to 
at  KntherUiili  !' 

Smit/i.    We  m-e    inflirmctl  it  was  captain. 
WVldy's  heiiN,.. 
Ros.  .Alt  \*n\  Miiv  it  was  his  house  ? 
Snith.    \^  tiii-v   did  t<r11  u^,  it  was  cap 
Daniel  Uebiy>; 

lloi.  I  pniy,  inistn'.*;s-,  what  room  were  ym 
j  in  there  ;* 

Smith.  We  wcrt:  iipone  pair  of  stairs.  TbcMj 

I  i«  a  littlf    HMMH   v^e  couw  iit  sooner; 

I  utMf  in  iIk  ioiim  \%ith  iliebed  ;  and  thore 

'.  one  Mr.  Atkiiisim   thert>  thai  was  in 

:  iiig«  aiul  tb«Te  were  two  or  three  hoys  ot'  Hii 

\ntli  liim  thai  s:;t  upon  the  bed,  and  their  sbwl 

i  W4'i'c  pliieked  off,  that  they  miifht  not  dirt'lfci 

j  bed ;  and  1  gave  him  hisboy'.s  shoes  from  unlll^ 

tlic  bed.       ^  •* 

Ro$.  Prsiy  where  did  1  stand,  mistress,  il 

you  say  ?  '! 

Smith.  In  the  door-ea';e.  '  '^ 

L.  C.  J.  Wliat  boy  is  that  you  mak  of  ?*^' 

Smith.  Two  liovs  that  came  m  with  oitf 


ifiij  STATE  TaiALS,  36  Charles  II.  l6s^.—for  High  Treason, 

Sfr.  AtkioiOD;    bis  relgtiops,  I  auppose  the^' 


166 


Jbi.  Pc^v  how  did  Ihe  serrice  begin  P 

Smith.  Vou  took  your  text  out  of  the  '^  1st  of 
CwMii ;  tbal  was  tlie  eba|iter,  to  tlie  Ix^t  of 
■T  nBemUrance. 

'Rm.  Rut  I  ask  you,  3]istr€S!i,  how  did  the 
vSDihn^  the  sen-ice  bcg^n  ? 

L  C.  J.  You  mean  your  prayer,  you  do  not 
IK  to  call  it  service. 

&ulA.  You^ade  a  prayer. 

Rti.  Was  it  begun  with  a  chapter,  or  a 
Mb,  w  how? 

Smith.  There  was  no  psalro  ;  a  long*  prayer 
m  va4e,  an  voa  u«ed  to  do  formerly. 

Km.  How  loDH^  was  that  ? 

Smith.  It  was  always  ussed  to  be  about  three 
fuilss  of  an  hour  long. 

Mm.  IV as  there  aiiy  dia|»ter  read  ? 

Smith,    There  was  no  chapter  before  you 

CyMir  teiu,  as  1  heard,  and  I  was  tliere  lie- 

Jm.  Uuon  what  occasion  then  were  these 
viirii  apoLe,  if  there  was  no  chapter  resid  P 

&BiX«.  I  say   thci'C  was  none  till  you  took 
Jimtatf  andthen  you  spoke  thuje  words. 
Mm.  But  how  frame  thtisc  wonls  in  ? 
Smitk.  You  always  took  a  ivhole  chapter, 
aa4eipound«^all  along. 
Sol  a  I'Mi^  text  for  one  sermon,  miscri'ss. 
LC.  J.  Yes,  yes,  we  know  you  have  a  fine 


I'cii,  Mistress.  V\Mn  what  verse  of 
were  these  wonis  spoke,  about 
le  king  tu  cure  the  king's  evil  f 
inii  I  cannot  be  punctual  to  the  particular 


LC.J.  Nay,  I  suppose  you  seldom  keep 
•i  fSBT  tfxt.  I  am  sure  there  was  never  a 
wsi  ja  anv  chapter  that  warrauted  the  speak - 
kgviiDy  sui.'h  words  as  these. 

Smtih.  My  lord,  1  ranniit  be  punctual  tu 
Aefarticolar  verse.  It  was  uithin  tive  or  six 
^m  of  the  lic^nning,  J  hilievc. 

Mm,  Tlien  upon  \»  hat  occaj^iun  came  iu  tlie 
w4i about  the  two  \uckrd  kiiiijrs  ? 

Smiik.  in  preaching  you  bruught  it  in  by 
fAv  proofs. 

L.  C.  J.  W  by,  man,  there  can  be  n<i  occa- 
IM  for  s|icakii)g  of  tuo.se  words,     ^'ou  simke 
4hi  without  any  occasion  at   nil.     N'o  iKHly 
QileU  what  nccasMMi  you  had  to  speak  them. 
Mm.  But,  my  lord,  I  sunp(»sc  thiTc  may  be 
■Bt  oohert'uce  in  my  discourse.     I   would 
Imv  haw  iliey  wen*  brought  in  ? 
L  C  J.    W  ho  cau   tell  the  occtiiiion  :'  Uo  { 
;  a»e  whatreaMiu  any  man  has  to  K|ieuk 
.'  I  tell  vou  there  is  none  at  all  to  be  ' 
It.       •  1 

<lneaf  your  proofs  iu  your  preach-  { 
'■Mconceniing  Dalilah  and  hampKoii,  and 
bmnhtinthat  proof  couceruing  the  king*8  I 
f  «f  women,  it  was  out  of  the  J  udges.  And 
■Ahtdid  not  question,  but  that  in  the  end 
lirai  would  serve  the  king,  as  that  \»hore 
bM  ltoi|iaoii. 

J.  J.  Was  this  at  the  same  time,  upon 
>.«KdajP 


JSmilh,  Yes,  it  was  upon  the  14th  of  Sep- 
tember. 

Ros.  [fit  please  ynu,  my  lord,  these  are 
not  words  that  are  chaigal  iu  the  infor- 
mation  

L.  C.  J.  You  draw  it  upon  yourself  by  your 
questions. 

Ros  If  Ihey  were  spoken,  (upon  that  hy- 
pothesis, \  say,  if  they  were  spoken  ;  but"  I 
deny  the  thesis,  I  abhor  tlve  thoiii>fhts  ol'thcm) 
1  would  kuow  how  Uiey  were  brought  in,  under 
what  vtTse  ? 

L.  C.  J.  Ay,  I  take  you  right  ^s  to  that, 
you  do  deny  it ;  and  they  are  not  in  the  in- 
dictment. 

Suiit/i.  T  cannot  be  punctual  as  to  the  verse. 

Rits.  Vrtvw  u)H)n  what  account  did  come  in 
the  two  uicked  k\t\g<  i* 

Smith    1  cannot  tell  the  verse,  truly. 

Ros.  flow  came  in  that  aliout  Jeri)boam  ? 

L.  C.  J.  Uow  can  she  tell  how  you  bring  in 
treason  ? — /»(«.  l\Iy  lord 

L,  C.  J.  Nay,  ))ray,  Sir,  hear  me  a  little. 
You  shall  ha\  e  ull  the  libeiiy  to  defend  your- 
self that  the  law  can  allow'  of.  We  ore  a<^ 
countable  to  the  law  upon  our  oaths  to  do  jus- 
tice, and  are  as  much  accountable  to  Heaven 
lor  our  actions,  us  you  or  any  prisoner  that 
comes  to  this  bar  is  to  the  law  for  your  ac- 
tions. But  do  you  ask  what  reason  yon  spoke 
treason  for  f  1  iell  you  no  reason  cau  be  given 
for  it. 

Just.  llol.  Do  you  think  any  td'your  audi- 
tors can  give  an  accouutofthe  connection  of 
your  whole  sermon  P 

L,  C.  J.  VVhen  you  talk  hestderi  the  cushion, 
do  you  tliiuk  any  man  alive  .is  able  to  give  an 
account  how  you  come  to  ramble  and  talk 
tre:ist)n  ? 

Ros.  Can  you  tell,  mistress,  when  that  wa^ 
spukL:n,  of  stai.diug  to  their  priucipU'S,  and 
tijcT  rums'- Ikuhs,  \c. 

S./iith.  That  was  at  the  latter  eikd  of  your 

SiTiliOII. 

L.  C.  J.  When  you  had  sai.l  thrre  were  two 
wicKed  kiny;s,  tlii'n  presently  you  were  for 
standing  to  your  priiinpU'S,  and  overcoming 
your  eneniicb. 

Ju*»i.  Ho/.  It  seems  she  was  very  intent  upon 
yoursiTUum. 

J..  ( '. ./.  Fur  my  part,  I  wonder  she  can  re- 
meinhur  so  nuirh  us  she  does.  It  is  much  bhe 
can  riMUiMuber  suc*h  stuff  as  this. 

I(tf.<.  Thf  (j'id  of  truth,  luy  lord,  1  hope 
will  niHuifest  tiiif  truth.  l*ray\  nii-tifss,  were 
tliCM*  words  s|H)IvL'U  one  just  allcr  uitotlic-r  iu 
toy  disco ursi* '.' 

*.S/A*7A.  No,  they  were  ntit  ;  but  thty  were 
ull  spukeu  at  ihat  titiu.-. 

.fust.  Jlol.  Have  you  dun»*  wiili  her  '' 

Uos.  No,  my  lord,  I  hmnlily  l»oc«rh  your 
favour  and  patience  a  li;tK'.  Pray,  mistress 
iSmith,  did  you  write  ? 

Stnith.  t'did  not  wiite  till  I  came  home,  and 
after  1  came  home  I  did  write  it  down.  Several 
that  were  there  did  uiiie  down  your  K4!rmou. 

Ros.  ISeveral  of  whom,  do  you  mean  :* 

limit h.  Several  of  your  congregation.,  Sir « 


I 


J 167J      STATE  TRIALS,  SS^Chahlrs  II, 

Bm.    Did  yooT  compaoioos  write  f  And 
ay  where  did  you  first  wrile  down  these 

words  ? 

Simih,  After  I  came  home  I  set  them  down, 
word  for  word  to  a  tiale^  as  they  were  spokeo, 
«i  near  as  I  could  remember  what  you  spoke. 

Roi.  Was  flDy  body  with  you  when  you  set 
tiiem  down  P 

Smith.  Yes,  my  own  family  saw  me  write 
them  down  ;  and  the  other  witness  was  with 
tiie ;  and  afterwards  we  went  to  the  Bull  and 
Month,  the  Qnak«T's  meeting* house. 

Rat.  >Vhat  other  witoc«se!i  were  by  when 
you  tet  them  down  ? 

SmUh.  There  %va8  my  husband,  my  appren- 
tice,  aud  my  child. 

Hon.  And  did  you  <»ct  them  down  just  ex- 
flptiy  ax  you  have  sworn  them  upon  this  in* 
Hcif  neol  ? 
Smtfh*  Yes,  to  ihe  best  of  my  knowledge. 
lloi.  Upon  your  oath,  in  the  presentee  of  the 
'gicnt  God,  rUtl  you  set  I  hem  ilow  i\  as  they  wefc 
ip«*kon  r — Smith.  \vn,  I  tell  you. 

L.  C.  J.  Ay,  I  would  a-^k  you  ihnt  question; 
did  you  (1  speak  to  v""  fksm  the  nresctite  of 
the  gn'ut  God»  and  upon  your  oath)  set  down 
hiH  words  [nsX  a»  lie  spoke  them  in  «tibstance  ? 
Smiih.  \cB,\  did  to  the  same  substance  as 
near  as  I  could  I'emember. 

Hos.  Pray  what  other  words  were  spoken 
between  th<*s€  words  in  the  indictment,  il  they 
were  not  alt  spoken  u>|fetlier  ? 

Smith.  One  thing  1  do  remember  more  that 
you  liaid  thai:  day.  You  said  there  was  a  word 
thc>  cidlvd  cunliji^;  hut  for  your  part  you 
ditrnot  understand  what  it  meant,  unle^  it 
were  ll»i5 ;  You  paid*  y*»u  chanced  to  go  by 
one  of  the  jgrreat  churches  ;  where  peeping  in, 
you  liaw  a  tnan  with  a  while  surplice,  and  the 
or^ms  H  ere  t(f>inf^,  and  they  were  canting,  and 
sinjjTiu^the  Litany,  the  Creed,  and  the  Ten 
Couiiiiandmeuts  with  a  Ha*ha-ha-ha*ha.  For 
your  part,  you  were  ashamed  to  hear  it :  and 
this  you  said  wasuil  the  canting  you  knew. 
Att.  Grn,  You  will  draw  tltis  upon  yonrwlf. 
Rm.  I  am  sorry  to  hear  this  indeeil,  tin' 
lonf. 

L.  C.  X  80  am  I  too,  with  all  ray  heart,  I 
will  itssure  you» 

Rvs.  You  say  you  set  down  tha  words  the 
same  day,  when  you  cumc  home  ? 

Smiih,  Yes,  I  resolved  so  to  do,  when  I  ca*me 
Bwny  from  the  meeting,  to  write  them  dou  u  as 
soon  as  I  i-umc  home, 

iliw.  Did  yoti  confer  wttlt  any  body  abovU 
these  words  'f 

Smith.  Not  till  I  cam«  to  a  justice  of  peacci 
and  discovered  it, 

Uni.  What  iusti»:«  of  peace  v>-as  that  whom 
you  discorercd  it  to  f 

Smith.  The  llecorder  of  London, 
Rctit.  Aud  yt»u  iwear  these  were  the  words 
that  1  ^jK>ke  ? 

Smith.  Yes,  as  near  as  I  can  remember. 
L,  C.  X  if  she  s^*eur  the  sul>stantial  part  of 
them^  it  is  enough,  though  the  very  exnrl  words 
she  doth  not  swear:  for  the  wonts  are  laid  in 


1 684.— Trial  0/  Thmai  RbumUt    [  16S 

tilts  indictment  in  Lstio,  and  by  wmy  af  m* 
sertion* 

Rot,  Your  lordship  win  pardoit  ray  wmk* 
ness,  I  am  ignorant  of  the  law. 

L,  0.  J.  And  we  will  take  care  jim  shall 
hare  uothing^  done  to  your  preytidioe  cliat  it 
against  law. 

Ros.  i  humbly  thank  your  lordsbrp.     IMIff 
tress  Smith,  upon  your  oRih,  you  lay  Mr*  HbiH 
was  at  that  conventicle  ?  V 

Smith.  Yes,  he  let  me  in  at  the  door,  aikil 
was  angry  with  me  thrit  i  would  ootue  so  near 
the  place  with  my  pattens  ;  he  nanl  H  fll%k 
give  occasion  of  suspicion. 

Rm,  You  were  saying  you  heard  him  et • 
pound.     Where  waa  that  pray  T 

Smith.  Yes,  that  I  did,  at  Mr.  CrooksbaiikB*! 
house  ;  and  I  heard  him  another  time 

Ro,%,  What  was  the  day  in  Aiagt»st  that  yoa 
say  you  came  first  to  hear  roe  ? 

'Smitfu  I  do  not  say  it  was  in  August,  but  in 
July,  that  I  came  first  lo  hoar  yo^,  the  9Qlb 
of  July. 

Rm,  You  say  I  preached  In  tlie  pobli^ 
mectin^'placc ;  what  day  was  that,  pray  f 

Smith.  The  loth  of  Aujjugt,  to  the  Ml  if 
my  remembrance  ;  it  was  tttc  foutb  Bumlaji 
as  r  rememlier,  that  I  heard  you  there. 

Rm.  Have  you  not  sworn  agaitwi 
tides  in  other  places  ? — Smtth.  Ye§, 

Rm.  What  con vcnlides  ? 

Smith.  If  my  lords  please  to  ask  me* 
gire  an  account. 

Ro*.  Have  you,  or  haf  e  you  not  ? 

Smith.  Yen,  several ;  thooffh  1  nercrlMii^ 
any  thing  spoketi  in  any  of  3iem  agaitisl  lihe 
king^,  but  at  your^s. 

Ros.  Did  you  swear  a  cmitenttcle  agaiut 
one  Mr.  Hales  f 

Smith,  t  swore  it  by  confession. 

Em.  Were  you  at  that  conventicle  ? 

Smith,  No,  I  was  not,  but  I  swora  it  by 
confession. 

Rot.  What  day  was  that  conventicle  ? 

Smith.  As  they  told  us,  it  was  the  13th  of 
Jnly. 

Rot.  Was  there  any  thing  done  upon  thai 
conviction  ? 

Srmth.  Y^c*,  he  paid  his  money  that  was  sd 
utxni  him,  and  never  made  any  appeal ;  hii 
wife  confessed  it. 

Ret,  What  other  convctiticlos  hare  y^n 
been  at  ? 

Smith.  Conci»ming  j  ou,  do  you  mean  ? 

Rot,  No,  any  other  conveutieles  of  the 
natics  that  you  have  sworn  agauist  ♦* 

Smith.  I  do  not  Inow  whether  thai  Hc^ 
proper  question. 

Jim.  What  fcay  you,  mistress  Smith  ? 

L  C.  /.  No,  no ;  that  you  miistiial  wsk  1 
that  in  to  accuse  hersdf. 

Ju^<t.  Hiti.  You  must  not  a&k  Hor  any  Chin|^ 
but  that  you  stand  here  charq^ed  with. 

L.  C.  J.  You  must  not  ask  her  any  Ihingf 
that  may  make  lier  obnoxious  to  any  penalty. 

Ju!>t.  Wttlcot.   Do  you  ask  her  any 
f)aestions  P 


STATE  TRIALS,  96  Chaslks  tl.  l684.— /w  High  Trtaum. 


[170 


Xm*  I  wilS  ifrKeotly^  my  lord,  I  beg  your 
pyicAoc. 

LiX  J»  Aft  ay»  tikeyoar  own  time. 

&«.  Plray,  MisCrets  Smith,  were  you  a 
liBMi  agftiBfl  ft  conventicle  at  one  Mistress 

SmUL  Ye8«  tliat  1  bad  by  confessioo  of  her 


Sm,   Wis  tkere  nol  cocae  moDey  ofTercJ 

L  C  /*  Thai  is  not  to  be  asked,  you  mast 
nmrnk  h&  ttty  question  that  may  make  her 
t^emt  berneif  crim  i  naj  I y . 
f      SmkA,  Nefer  by  roe, 'Mr.  Rose  well. 
■^^Hl  be^your  loni»hip^6  nardoa^'- 
^^^K  /.  1  will  tell  you  the  reason   for  it, 
^^Hm  thai  wbich  ought  to  be  satisfactory  lo 
^Hirafly  body.    They  are  not  bound  to'an- 
^Mrtaiy  mit«iioQS  that  you  ask  the  witnessefi, 
niercby  toey    ebargt;  tiiemsekea    with   any 
cnnic,  or  by  aasweriuf^  may  subject  themselves 
l««iy  penalty.    Whether  It  be  so,  or  do,  you 
mi  not  aak  tbem,  but  jprore  it. 
SaiiA,  I  never  diil  otter  anVf  my  lard. 
Boi.   I  thought  1  might 'offer  any  thing 
ifiiiiat  what  she  had  iwom. 

L  C.  J.  Prore  ivhat  you  can  in  your  time ; 
i«t  dy  nut  ask  her  any  such  questions.  The 
kw  isiO|  and  the  same  for  vou  as  it  is  for  e?erv 

All.  Sf  istress  Smith,  you  swear  these  words 
werespoluii  in  the  foreiKKiu  upon  that  place, 
tbe  list  of  Geofsii^,  une  afipr  another  ? 

Smttk,  Yes ;  those  woHs,  as  acar  as  I  can 
i^etk  them,  were  spoken  (hen. 

L>  (X  /.  Are  those  the  words  you  heard  at 

Tfi  liuhsrance  lljey  arc,  my  lord  ;  as 
I  >ver. 

more  questions  to  ask  her  at 
I  my  iortt. 
f/l,  Grn,  Pray,  Mistress  Smith,  s'mce  lie 
started  such  a  quest! t>n  ;  have  you  been 
wUh^  and  b<^n  oflfci^ed  any  money  ; 
what,  and  for  w  hat  ? 
iiih.  There  camt*  tme  Cartwright,  and  one 
tomt  '         \  cannot  ijive  an  ac- 

cxact) y  it  was  ;  and  first  they 

tome  iii«>iu  ni^irfss  Batho's  husineas, 
•aJ  after wurds  thev  fell  into   dijicoarse  about 

IR/>*tvvrlf,  and  they  told   me»  Th*iy  won- 
d  I  would   buve  my  hand  in  any  man^H 
1     Said  I  to  thcm.Nnpp^se  you  had  heard 
1 1  did,  wlittt  wodKI  you  have  done  ^  Says 
Norton,  you  bad  hciivt  take  *fO  giiiueis, 
not  apii«ar  «^n!»t  htm;  ^id  he  ;  not  that 
body  uiat  I  knof^v  t4  that  he  is  concerned 
,  «'ill  C»*'e  yon  tliat  sum  of  money,   but 
jm  bad  Mter  take  it,     Hay^  f,  uhatis  the 
'1  shall  hriy  m«  off  from 
ih  I  would  f*\ien\c,  und 
*'  1   tvidcnrc  of 

1   >Ir.  t'nrt. 
i  li    >iiu  u,u\  fiot  difico- 

►  woidd.     Said  J,  yes, 

.     Hms^  any  body  eUe  tampered  , 


with  you  ?  Have  you  had  any  letter  aent  fxt 
you? 

Smith.  Nothtag  till  yesterday  morning  r  a 
letter  came  then> 

Alt,  Gen,  What  was  that  ? 

Smith,   1  suppose  my  lord  saw  it. 

Att^  Gen.  Ay,  but  you  must  tell  tlie  jury 
what  it  was. 

Smitk.  Ooe  came  to  my  brother^*,  and 
brou^^ht  a  letter  thither,  which  I  read  orcr ; 
and  he  said  to  my  brother,  if  I  could  be  any 
vvi&ys  assistant  to  Mr.  Rose  well  in  not  coming 
in  against  him,  I  might  have  200/.  paid  down 
to  moiTOw  ;  not  that  Mr.  Roscwell  kncvr  of  it, 
or  would  gire  it  me,  but  it  was  a  iiagt?r  that 
wafi  laid.  Same  laid  be  would  be  hanged,  and 
some  laid  he  would  not ;  and  so  he  said  he^ 
would  come  and  give  me  an  account  who  it 
was  that  spcke  to  him. 

Att,  Gtn.  My  lord,  we  hare  done  with  her 
now.     Call  ^Irs."  Uilton. 

RosewtlL  Will  your  lordship  please  to  in* 
dulge  me  so  far,  tbat  i  may  ask  her  another 
question  or  two  P 

L.  C.  /.  What  is  it  you  would  hate.  Sir  ?      * 

Rosewetl.  I  desire  her  before  she  goc»  out 
to  recollect  one  thing* 

L,  C.  J.  Nay,  nay,  she  shall  not  go  an^y  : 
If  you  have  a  mind  to  ask  ht?r  any  thing  be 
fore  she  goes  away,  do  io  ;    or  &be  shall  como^ 
again,  if  you  have  any  questions  to  put  io  her. 

Att.  Gen,  My  lonf,  she  is  big  wtib  chdd, 
and  cannot  well  crowd  in  and  out, 

L.  C.J.  Jf  she  be  with  child,  then  let  her 
sit  upo  the  stool  there, 

HoifwelL  With  your  lordship's  indulgtoce, 
I  would  ask  Mrs.  Smith  this  queition  ;  the 
Cfentlcwoman  that  was  with  you,  Mrs.  Hilton 
I  think  you  called  her,  did  she  agree  with  you 
as  to  the  same  wonis,  and  as  to  time  and  place  ? 

Smith.  If  you  please  to  examine  her,  I  sop- 
pose  she  will  giTc  you  an  account* 

R4Xsf.weiL  Then  I  would  ask  her  this  qucs-^ 
tion,  with  your  leave,  my  lord  ;    whether  waa 
that  other  gentlewoman  with  you  b  the  same 
room  ? 

Smith.  Yes,  she  was,  ond  snt  upon  tlie  htd 
with  me,  and  I  pulled  her  by  the  sleeve  whrii 
the  words  wen-  spoken,  to  tate  not  ice  of  them.  - 

Att.  Gen.  C^ome-,  Mri.  Hilton,  give  my  lord 
and  thejivy  nn  account;  have  you  been  at 
this  conventicle  at  any  time,  and  what  have 
yoti  hef^ril  there  ? 

Hilton.  I  canie  to  Mre.  Smith *f  on  Saturday 
night,  and  on  Sunday  morning  I  went  wifn 
her  to  this  place ;  1  was  never  there  before  io 
my  life,  they  said  it  was  one  Daniel's  house, 
one  captain  Daniel *s  :  it  was  near  M  eat -lane 
io  Rotnerhitlt.  And  when  we  caine  ther**, 
there  was  one  that  Mrs.  Smith  knew,  that  »tood 
at  the  door,  they  call  him  Paul  Shed,  a  little 
man  :  and  when  wo  came  to  the  doot ,  he  said 
to  iu5,  Pull  off  your  pntten»,  says  he,  for  they:- 
wi!|  give  too  much  occasfioo  of  distrust  of 
people's  coming  :  So  ^ve  pulled  off  our  pattens, 
and  said  we  would  take  care  the  neyt  time* 
Wh«a  we  came  in,  we  went  through  a  kind  of 


» 


I 
I 


STAT£  TftlAL$,  sti  ChaullsU. 

p.  hiil^  and  when  iv€  G4me  Uiere  iiiioilie  bail* 
tlicrt!  were  a  UllJ^  parlour  i^fQiust  it :  we  we«it 
up  the  MUirs,  ami  wbtiii  we  cautc  up  sitairs, 
ibere  were  l»'o  more  n¥»m?«  ;  ibai  room  we 
came  into  was  hiitit' vv  It  h  satl*<'^>touretl  pa|)er, 
atul  liooti  llie  IH^  uajid  thet'-*  atooil  a  liwi^t* 
wood  KiQii  of  che^L  u  1  u  and  a  little 

^!aj»  over  iliai,  M  r   H  i  nc,  and  stood 

^  the  «utraii€e  oi  Oie  cloui  ,  ?*o  tUen^  was 
a  little  ohild  iii  bed  when  we  came  up,  aiid  we 
aat  down  *m  rhe  oiher  side  of  the  bed  ;  and  the 
vbild  uiih  iJiki.fl  out  of  the  l>ed  m*esi*nily  after- 
frardi>»  Mr.  Ilosewf.U  preacht^d  ^poiithe^th 
or  2i5t  chapter  of  Genesis,  I  amnol  he  po- 
^iijve  which  oj'  them,  but  of  one  of  theui  it 
was 

HoumclL  Bat  u[>oo  ytixa  o«th  cannot  you 
tell  which  it  was  ? 

L.  C.  J.  You  tnu^t  uoi  interrupt  her,  Sir  j 
you  shall  hare  your  time  to  aak  her  wltat  you 
mil. 

.  HiUmx.  ItwaslheSOUi  or  ilst  of  Gcn^i^i. 
I  witJ  not  be  positive  uhjch  of  them  it  wui. 
tout  the  thin|r  was  as  to  Abraham  and  S^irah  ; 
that  was  tiie  contents  of  the  ch^^iter  iliat  Mr, 
Rosewell  was  then  pleased  to  preach  tjpon. 
AOerhe  had  tftok  hts  text,  and  pretichetl  a  lit* 
tie  while,  he  liaid,  '  The  petvple  wriil  flacking- 

*  to  the  king  to  cui-e  tJjt?  kinpf'h  e*il,  which    he 

*  could  not  do  «  fortliev  ou^bt  to  flock  to  them, 

*  that  were  priesta  anif  prophets,  who  by  thdr 

*  pravers  could  cure  Uietr  gric vjinces.*  Theti 
h«  '  a  great  while  of  the  chapter  Ibl- 
lo  :i  J    and  then  says  lie,  ♦  We  have 

*  hatl  two  nicked  king^  thnt  hare  suffered  po- 

*  pery  to  come  in  noilei^  their  noses,  which   1 

*  «ui  compare  to  uoihiuj^  but  the  most  wicked 

*  Jerftboam.*  Th#*Te  was  Rn*>ther  king  named, 
^d  I  thiiik  it  waa  TteholKiam.  [  cannot  be 
positive  as  to  that^  but  Jeroboam  I  ain  sure 
wan  named.  Then  he  said,  »  If  the  people 
'  would  stand  to  their  ]»rincip}e«f  he  did  not 
'  question  but  to  oAercomc  alt  their   enemies 

*  with  broken  platters,  i"aros>h<nns,  and  a  stone 

*  ui  a  sling.*  Thcic  \>tre  Uic  words  Mr,  Rose* 
well  was  pleased  to  say. 

L,C*J.  Can  yc»urcii;^etnl)€r  what  day  of 
the  month  this  wan  ? 

Hifton.  U  was  the  14th  of  September,  my 
lord. 

L.  C.  X  Do  you  remember  what  number  of 
people  were  tlicrc  ? 

Hi  It  on  1  btdieve  tliere  were  4  or  500  peo- 
^|K  >    tl  ret  ful)«  and  two  ruoriis 

^M<}^'  and  the  halt  full  ;    and 

pne  Paul  .-ML'«j  ^a^  i»irs.  Smith  told  me  his 
name  tva«)  let  us  in.  I  did  not  know  any  oi' 
th^BO  J  nor  ever  had  convicteil  any  of  them  ; 
that  was  the  first  time  [  ever  was  at  a  mc^etin^ 
ta  my  Ufe,  and  f  had  enough  of  it  then. 

L.  C.  /.  You  say  you  came  on  Saturday 

ht  to  Mra,  Smithes 'hotisa  ? 
iUan.   Yes^  my  lord. 

In  C.  J,  What  tmie  that  night  ; 

tiiUttJim   >  t  ornint^o^clock, 

^  L.  C.  J*  \  in  ibc  morniDg  did  you 

fo  along  with  her  io  ilua  plaot  f 


SUUon.  We  urettiby  7  o^ctock  in  tbc  mofn* 

L.  a  i.  Did  :ilr.  lan^c^veU  come  bdmt 
you.  or  allcr  you  ? 

miion.  No,  be  came  presetitly  afWr  vreirerv 
there. 

L.C.J.  Do  you  remember  any  ocber  wonb 
he  uttered  there  that  djiv  ? 

lltiton.    He  ^^  "    4»f  sercnl 

things  betwerii  .    atnouf 

the  rest,  1  heard  niin  fiei 

said  there  was  a  worl  ,  bii|[ 

he  did  not  undersian«l   >^  r.nt, 

except  it  wert'  the  fellows  i 

a  liaha-hn-ha-ha:    tor  my  part,  says  , 
was  ashamed  to  hear  it- 

L.  C,  J.  Do  you  reaiembcr  any  otiier  pail  a 
the  discourse  P 

Hilton.      lie  had  a  great  n 
iho^e  tiling,  that  1  cannot  no^v 
affi  i>;:litcd  ine  Io  hear  it  out  of  - 

L.  C  X  ^^  heie  did  vou  tfo  ii 

JiUhm.  Wewentli   -      -  ^' 
\ias   two  o*cluck,  an 
bread  all  the  while  j    o.i..  o^  ., .., 
hoiue^   Mrs.  Smith  took  her  pan  and  ink  pre  J 
sently,  and  writ  down  those  \%orde*  ;    1 -^^^f  Uhl} 
band'nnd  I  and  ^he  were  together : 
we  had  tlone  this,  we  went  to   the  ^ 
meetiiig-. 

L.  C  X  What  Quaker^s  meeting  is  i\tit  * 

Hilhm.  It  is  that  by  Chea^rside  •    '  tl 

well  remember  the;  naate,  1  think  it  -  l| 

the  Bull  and  Moulh. 

JuKt,  IMioutty.  What  time  of  the  day  wiEsit 
that  the  meeting  was  doae  at  Mr.  Rosewtll'tr 

Hilton,  He  came  f*ora  Mr.  lio«efrdr«  a 
little  aOer  two  o'clock, 

X.  C.  X  From  »ev*.n  l^>  two  did  he  bold; 
that  h  pretty  lont^*  winded. 

Hilton,  No^  he  went  in  to  dinner,  and  left  us 
there,  and  abundance  in  the  conpreirunon  ♦  jt 
«w eel- meats,  or  biskets,  or  such  tuii! 
had.     Uut  1  am  sure  we  had  oothint:  i 

was  never  among  you  before,  nor  erar  eonvicted 
any  of  you. 

Urn.  1  liunibly  beseech  your  lordship  to  m«ke 
her  sensible  of  tltc  obligation  aIic  is  uudcr  Uy 
her  oath. 

X/C.  X  Ay,  Ay :  1  will.  Look  vou  miatfVMg 
you  must  take  notice,  here  is  the  life  of  a  man 
in  question,  whidi  is  a  thing  of  (^req^t  consi- 
deration. And  for  you  to  have  any  con<H*ru  in 
taking  away  the  hie  of  a  man^  if  it  be  upon 
tiilse  afroundfi,  is  a  very  dismal  thing  ;  l»esides, 
that  there  is  a  thing  which  is  yet  of  {^jrvatcr 
wtijrhtand  moment  to  you  vouJ'i^lf*  it  coy 
your owtiimmortal  soul.  You  must 
what  g'uilt  you  contract  upon  yourself  |_ 
tdl  a  lye  ;  *^bul  tliere  is  a  much  greater  ] 
contracted,  if  you  offer  to  swear  a  lye  in  a  i 
of  justice,  upon  a  cause  of  this  couc 
Consider,  I  tell  you,  you  are  io  the  pr* 
Almighty  God,  ibal  aeeth  into  the  hearts  \ 


173] 


STATUE  TRIAIA  36  Chahles 

;  that  is  the  aven^^r  of  all  lying  and 
tha.t  itiiy  justly  sink  voii  into  HeU,  if 
_.  ofer  to  swear  a  falshood.  Therefore,  1 
<iar^  yoo,  in  th^f  name  and  presence  of  that 
pfoX  God,  the  judge  of  heaven  and  earth,  to  an- 
nptr  Be  truly  to  this  qiiestion  :  are  the^e  tliin^< 
llmi  jou  hare  sAvorn  here  true  ? 

HiifM.  My  lord,  they  are  every  word  true. 
Then  is  a  gentlewoman  here,  one  Mrs.  Col- 
lagwwid,  that  shall  wKness  I  set  them  down 
ttaday  ;  and  went  away  to  the  recorder,  and 
|iic  hifii  an  account  of  ttiem. 
Mi,  Gen.  Well,  if  you  have  done,  go  over. 
L.C.  J.  No,  hold.'Sir,  will  the  prisoner  ask 
hv  loy  questions  ? 
Mm,  Yes,  my  loni,  with  your  leave. 
L  C.  J.  Ay,  in  God*s  name,  what  you  will, 
ifat  ■  fitting  to  ask. 
Bdi.  Mistress,  what  isvour  name? 
Bihcn.  My  name  is  Hilton. 
Jtoi.  Was  your  name  ever  Shafloe  ? 
"EUian.  Yes,  but  mv  name  now  is  Hilton. 
Bn.  Or  otherwise  Smith,  I  suppose  :  for  I 
taw  heard  so. 
mM.  No,  Sir. 

Im.  Then,  Mrs,  Hilton,  upon  the  oath  you 
kMetdtto  (for  I  hope  you  have  observed  what 
i^ltv^  has  said  to  you'about  the  sin  and  dan- 
frtffte  swearing)^— 

Mr.  Rosewell,  God  forbid  I  should 
e  to  tell  such  a  lie  as  this,  if  it  were 
A  to  my  knowledge ;  I  would  rather 
^ak  loi  than  more. 

Jfoeyou  at  Rotherhith  that  14th  day 


Vei,  I  was.    I  waswith  Mrs.  Smith 
«  iMrftmse  over  night,  and  went  with  her  to 
AAsitt  at  seven  o'clock  next  morning. 
Mm.  Whoae  house  were  you  at  there  P 
EiltM.  I  cannot  say  at  whose  house  it  was 
tf aj  awn  knuwledifis  for  I  was*  never  there 
Mr  in  all  my  life  ;  but  they  said  it  was  one 
OanielVk  house. 


Mm] 


What  street  was  il  in  ? 
^ioa.  I  do  not  kntiw  what  stret't  it  was  in, 
itfiiueai  West-lane. 

What  kind  of  baildin^vs  were  there  in 


Ktttm.  Over-airainHt  it,  a  little  way  from 
time,  i^  a  hrid«j:c,  tliat  we  went  over  ;  1 
iere  it  ina\  be  soine  ten  or  twelve  doors  from 
tikMse.   ' 

In  the  street,  you  say  over-against  the 


BZtov.  A  little  way  frf»m  it.  Mr.  Wosewell, 

9JN  do  remember  (1  can  remember  these 

very  well)  thercwere  shutters  in  the  win- 

'  the  sun  catne  in,  and  you  were  afraid 

tks  that  went  by  should  hear  you. 

a  was  not  lig^ht  enough,  and*vou 

i  that   one  pari  of  the  shutters  mfg^ht 

M  ;    which  wds  doni^ :   and  then  vou 

dial  half  might  be  shut  again,  for  Foar 

lleslwuld  over-bear  ytm. 

Wfatf  kind  of  ehtnuioe  is  tliere  into  the 

h.  IWa  is  an  entry^  and  from  the  entr\' 


1 


11.  I684.— /(w  Uigh  Treason.  f  174 

we  went  into  a  little  hall,  the  rooms  were  but 
of  a  low  height. 

Ros.  \\'as  it  in  an  upper  room,  or  a  lower 
room  that  I  preached  ? 

Hilton.  It  was  in  an  up|ier  room,  you  were 
n|)  two  pair  of  stairs,  the  chamber  was  hung 
with  sad-coloured  ])aper,  and  a  sad  coloureu 
bed  was  in  the  room  ;  upon  the  left-hand,  as 
3*ou  stood,  there  was  a  chest  of  sweet  wood 
stood,  and  a  little  cabinet  u|)on  it,  and  a  glass 
over  that :  and  upon  the  right-hand,  on  theside 
of  the  chimney,  was  a  closet ;  I  took  very  good 
notice  of  all  tliesc  thin^. 

Ros.  Two  pair  of  stairs,  upon  your  oath,  you 
say  it  was  ? 

Hiltoiu  Yes,  it  was  two  pair  of  stairs  upon 
my  oath,  Sir. 

Ros.  How  many  steps,  Mrs.  Hilton,  were 
there? 

Hilton.  They  were  low  stairs,  eight  or  nine 
to  a  pair,  I  think ;  I  did  not  number  them,  Mr. 
Rose  well. 

Rtrs.  The  other  says,  there  was  a  little  room 
up  six  steps  and  that  I  was  but  one  pair  of 
stairs  high. 

Hilton.  And  there  was  a  garret,  my  lord ; 
which  I  am  sure  there  was  above  400  people 
there  at  that  meeting. 

Ros.  Did  you  sec  that  uumlier  of  people 
there?— H//^m.  Yes,  1  did. 

Ros.  If  you  were  within  in  the  room,  how 
could  you  see  them  uU  there  that  were  below, 
and  in  the  garret,  as  you  say  ? 

Hilton.  When  you  went  down  to  refrcjsh 
yourself,  to  dinner,  as  I  suppose  ;  sdd  1  to  Mrs. 
Smith,  for  theL#ord*s  sake,  let  me  go  out,  for  I 
am  aifrightod  out  of  my  wits  to  hear  such  stulT 
us  this. 

L.C.J.  Frightful  stnft' indeed. 

Hilton.  Says  »i>(%  you  caunntcfo  out  (ill  they 
all  go  ;  tlure  is  noCoily  to  let  yon  out ;  but 
I  would  fain  havch-i^i  j^'.»t  ontlhcisc**. 

Ros.  What  time  did  }ou  come  thither,  sav 
>  ou  ? 

Hilton.  "We  eamc  by  seven  (rdot'k  in  the 
morning. 

/^^^  How  did  the  cXtn  isc  lci;iu  ? 

Hilton.  Between  scvni  niifl  cntrhi. 

Rt».  1  du  nut  ask  you  what  tiint;.  but  how  il 
began  ? 

J  Jilt  on.  Vou  made  il  kind  ot'a  prayer,  I  do 
not  understand  your  way,  for  I  ne\  er  was  used 
to  vc»in'  meetings,  1  ucvcr  was  at  any  before  in 
my  life.  \  on  took  your  text  (I  cannot  be  po- 
sitivi'  which,  but  it  was)  either  out  of  the  *iOi\i 
or  'Jlsf  ehaptor  of  Genesis. 

Ros.  IJut  can  yon  remember  these  wonls,  and 
not  the  chapter !' 

Hilton.  1  can  loll  you  niori;  tliai  \*in  jsaid,  if 
you  please. 

Ror..   Mrs.  Hilton 

^  L.  C.J.  Ui  her  go  oil :  \oui.sLheraques- 
tfrfn,  and  will  not  stay  for  ua  answer,  but  gu 
Id  another  thing.  S\iv  i ;  teliiug  yt»u  what  wan 
done. 

Hilton.  This  I  am po-ilive  in,  it  was  tiic  '2Uth 
or  f>lU  chapter  of  licnif^iis :    tiie'  story  wi** 


STATE  TRIALS,  36  Charles  H.  i5S4.^Trt«/  of  Tk^mai  RoMewtU, 


^ 
P 


I 


nbcmt  Alimham  midSarmb,  how  he  bid  her  call 
hersejf  hm  sister. 

Rif».  Tbal  i«  rhe  ^OiJi  chaplcr, 

L.  C  J.  Na  V)  I  su}»|iose  you  om  remember 
the  text  bttter  thao  thu  womun. 

Htiimu  1  believe  it  uas  ibe  20tU,  that  jou 
(Ud  most  ex|Kimi4l  upoa  tlibt  day  ;  for  you  said 
at  loiit  Abinietech  tuade  Abraliaoi  a  jtresent, 
\rhkb  you  did  tUiuk  might  be  about  ^  giu- 
rteat. 

ll^i.  I  see  you  aie  thurougli^iiiiced. 

L.  C*.  X  I^letUinks  sht^  brouglit  away  much 
©f  your  precious  stuff  for  one  lime,  upon  my 
word,  * 

Hoi*  Hou'  long*  did  you  stay  tlicre,  9irs. 
Uiltou  ? 

Hiiton*  I  &taid  ibere  from  tlie  time  you 
came  til  to  the  end  of  all  i  about  ek^  co  or 
twehe  o'clock  you  weot  down  to  dinuer  j  They 
that  uere  tberJ  staid  till  you  c^ime  up  aguio, 
irhieh  v/ks  in  the  attertioori^  ftnd  Iheu  you 
began  upon  a  text  which  you  took  in  the 
P^ms,  i  think ;  I  c2imot  positively  say  where  \ 
but  a  new  text  you  did  take,  that  you  did, 

itof .  Iti  the  Rsalms  did  you  Kay  ? 

Hilton.  And  if  it  nlease  you,  Sir,  I  never 
saw  you  but  thco^  and  noWf  in  my  lite. 

Ito^.  What  habit  wo^  I  in  ? 

Hilton,  You  had  a  carablet  cloak  on  that 
had  an  eye  of  blue  in  ii^  and  a  mourning  hat^ 
band  about  your  hat ;  and  upon  the  beikido  by 
me  sat  Air.  Atkinson  in  a  mourning  cloak,  and 
his  two  beys. 

Mm.  There  was  some  stop  or  pause  you  say ; 
yott  call  it  a  dinner? 

Hilton.  You  went  to  dinner,  I  suppose  ; 
I  know  not  wl>ere  jwu  wer^. 

Ras,  Pray  bow  did  the  exercise  begin  in  the 
afternoon  ? 

Hilton.  \  cannot  Tery  well  tell. 

Ros.  Was  you  there  to  the  end  of  it  f 

Htiton.  To  the  very  end  of  all 

Rot,  What  P»dm  wis  read,  or  w  bat  chapter 
that  I  preached  upon  ? 

Hilton,  Sir,  f  cannot  remember  what  your 
Psalm  is.  These  are  the  words  that  you  said^ 
and  that  vou  preached.  Sir,  I  cannot  remember 
how  all  tnese  ciroe  in,  nor  alt  the  stuff  that  was 
iaid. 

L>  C.  X  She  says  she  cannot  rememher  all 
your  stuff, 

Hilton.  I  was  nerer  used  to  a  c^ntenticle  in 
my  life ;  and  1  would  1  had  not  been  there 
then. 

Roi.  What  was  the  text  I  preached  upon  ? 

Hilton,  In  the  mitrnintf  it  was,  1  tell  you, 
the  ^Oth  or  5 1st  cbaptcr  ot  Genesis.  Bnt  the 
head*  of  your  s4^iinon,  and  after  you  had 
talked  ahout  tbe  kni'^,  and  all  those  things, 
ffis  about  Abrabani  aih\  Sarah 

Rifi.  But  what  waa  til e  text  in  the  afieniooo  ? 

Hilton.     1  cannot  ttll  that  truly, 

Rq$.  Then  upon  what  occcsio'n  were  thoee 
words  in  the  mornmg  about  flocking  to  tlie 
kJQ^tociirc  the  evil  r 

Hilton.  Sir,  you  said 

X.  C*  /.  How  can  any  body  tdl  what  oc- 


fl     [1T«1 

at  I  knoW^ 


casion  you  could  have.     You  bad  no 
from  that  text,  nor  any  other  text  that  ] 
of,  toialk  of  tbe  kuig'or  the  k»«g*s  etil- 

Rot.  But  1  speak  of  the  coherence  of  the 
discourse,  mv  lord. 

X,  C-  J.  \  ou  oreach  without  any  eoWciiei, 
or  you  never  hau  been  brought  here.  Wlioi 
you  give  youraiclf  the  liberty  to  talk  of  then 
lhtnpf»«  yon  ramble  from  your  tejit. 

Rot,  1  nieuii  by  it,  my  loni,  m  hat  |*ari  of  tht 
diapter  it  was  that  did  lead  to  it  ? 

L  C,  J.  No  man  living  can  tell ;  «t  waa  ttut 
devil  led  you  to  talk  treason  ;    Tbe  ii  ' 
tells  you  so,  that  you  had  not  the  fr  ^ 
bcfVjre  your  eyes,  hut  were  moved  ami  icuuctui 
by  tbe  nistigation  of  tbe  devil  to  do  kL    Wlk^ 
leads  people  to  do  all  »orts  of  wickedofSBi 
ibetlevil  ?  You  can  give  no  reason  for  ityour«j 
seir,  nor  no  one  eke. 

Rot.    Were  these   worda  delivered  b 
fonmoon  discourse  f 

Hilton,  T  do  not  know  what  yott  call  fcie^l 
noon,  or  afternoon;    1  am   sure  we 
dinner^ 

Rm,  But  was  it  all  before,  or  after  I 
oif,  and  went  down  ? 

Hilton.  Before,  Sir. 

X.  C.  X  She  says  it  was  before  you  weot  i 
dinner  i  but  for  her  part  she  bad  no  dinner  ai 
all,  she  says.  If  you  have  done  with  IiqTv  tbco 
goon,  31  r.  Attorney. 

Att.Gm.  Where  is  Mrs.  Joan  FarrvF 

Farrar,  Here  1  am,  Sir. 

At  I.  Gen.  Pray,  will  you  tell  my  kirf  aorf 
the  jury,  were  you  present  at  this  house  wHeo 
Mr.  Roseweitjjrcaencd  there  ? 

Fur.  Yes,  Sir,  1  was. 

Att,  Gen*  What  did  you  bear  him  say  t 

Fur,  Do  you  ask  me  of  the  14th  m'  Sep - 
letnber,  first »  Sir  T^^Att.  Gen,  Yes, 

L,  C.  /.  Why,  were  you  there  at  any  tAh«% 
time  ? — Far,  Yes,  several  time*. 

A(t.  Gat.  Well,  take  your  own  way  of  de-^ 
liTenng  your  evidence,  and  give  an  account  <  ' 
wbat  you  know  ot  the  prisoner, 

L.  C.  J  But,  hark  you,  be  sure  yott  tdl  i 
thing  but  what  is  truth.  You  muat 
here  is  the  life  of  a  man  at  the  stake,  and  ; 
own  immortal  soul  is  at  stake  too,  Y^ou  are  i 
tlie  presence  of  the  great  God  of  heaven  i 
eartn,  that  seeth  into  all  your  actions  i-m^ 
thoughts,  and  searcheth  the  hearts  of  all  maa* 
kind,  and  therefore  have  a  care  of  contracting 
any  guilt  upon  yourself  by  lelhng  any  lye  j 
be  sure  to  say  notning  but  w'hat  is  truth. 

Far*  Sir,  I  was  not  in  tbe  room  with  him  ; 
I  was  in  a  parlour  or  hall,  what  do  you  call  it« 
a  low  room  ;  and  be  was  up  stairs  above  it. 

Alt.  Gen,  But  were  you  in  the  congrega- 
tion? Were  there  any  otlveroflhe  hcarera  in 
that  room  among  whom  you  were  ? 

Far,  Yes,  Sir  j  there  were  a  great  oiany  of 
them  there.  Sir. 

Att,  Gen,  Well,  whatdid  you  hear  htm  aay  f 

Fur,  Sir,  oonoeming  the  evil  was  the  first 
thing  1  heard  htm  aay  ;    and  he  matle  it  aq%.i 
that  it  was  not  tbe  king  that  cared  it,  but  ill 
4 


STATE  TRIALS,  36  Charles  II.  l684.— /or  High  Treaion. 


[ITBT 


ihoald  flock  to.  It  is  we  they  should 
%y%  he  ;  for  we  are  they  which  are 
Ks  mnd  the  propbt-tK,  that  by    our 
» core  the  ipie%  ances  of  the  ])eople. 
'n.   What  did  you  hear  him  Kay  more 


be  next  that  I  observed  was,  he  suid, 
IT  two  wicked  kin^s  together ;  but  I  ' 
tell  who  he  cumpai'cd  them  two  i 
ip  to ;  but  he  bid  the  ])eoplc  stand  • 
mndples,  and  in  time  they  sliuuld 
tlidr  enemies. 
T.  Pray,  have  you  heard  him  at  any 

es,  1  have  heard  him  at  other  times. 
r.  Did  you  take  notice  of  any  thing 
ainaC  thegfo?ernment  ? 
beseech  your  lordship,  may  these 
estwns  be  asked  ? 

Yet,  I  hare  told  you  already ;  to 
*  practice.     It  is  uot  at  all  a  leading 

What  did  you  hear  him  say  at  any 

about  the  goveniment  ? 
I  a  mill,  it  was  bv  Hothorhith-wall, 
liBn'a,  tie  pray eif  that  he  might  not 
lisrd  ia  not  ]>raying  fur  the  king ;  but 
night  please  to  open  his  eyes,  or  turn 

Can  you  remember  when  that  was  ? 

;  was  the  17th  day  of  July, no, 

I,  to  my  best  remembrance;    and 

tnh  chapter  of  Genesis. 

.   That   he  preached  upon  there,  did 

.Yea,  Sir. 

'mJHd  vou  hear  him  say  any  thing  at 

•toe?— fVir.  Ves,8ir. 

Wm  What  do  you  remember  about 

nriet? 

Tell  us  what  you  heard  him  say  else? 
t  West-lane  end,  at  one  Paul  Shcd*s, 
a  preach  concerning  the  fire  of  Lon- 
tifhleeu  years  ago.  That  there  was 
pmX  rich*man,  that  lived  in  Grace- 
net  ;  he  said,  lie  needed  not  name 
Moaed  they  all  knew  who  he  was  ; 
la  there  went  a  poor  man  to  him,  not 
la  aeitber,  but  a  carpenter,  an  huiise- 
kbonring  man,  ami  told  him  how  to 
la  fire;  and  then  he  preached,  that  if 
tbcin  for  that  great  man,  that  tire  had 
I  Mr  the  fires  iu  South  wark  or  Wap- 
il  had  not  been  for  the  lord  mayors 


Im  Have  yon  any  more  to  nsk  her  ? 
kr.  What  h«i%e'  you  heard  him  say 

hb  No,  my  lord,   we  have  dune,  1 

i  Aaswcr  my  brother  Jenuer*s  qucs- 

i[r.- Whataliout  people  in  scarlet  ? 
MB  aAsr  he  hail  preached  concerning 
■'■^idit  was  a  fine  sight  to  see  fools 

M ;  and  be  heard  the  Itecorder 

lia  judge. 

»  ham  atrange  stories  it  seems. 

■■hi  of  this,  brother  Jexmcr  ? 


Ros.  God  forbid,  my  lord,  this  should  be 
true.  I 

jL.  C.  J.  You  see  she  swears  it. 

Just.  Mithint.  Mr.  lioseiVell,  will  you  ask 
her  any  questions  ? 

Hos.  Mistress,  you  say  you  were  at  the 
meetings  on  the  14tli  of  !*$eptembcr ;  pray  iu 
whose  bouse  was  it? 

Far.  It  was  at  a  house  at  the  end  of  West- 
lane  ;  there  are  a  row  of  houses  that  lace  to 
the  fields. — Rm,  Hut  whose  house  was  it  ? 

Far.  They  said  it  was  (me  DaniePs  house. 

Rat.  In  what  room  of  the  house  were  you^ 

Far.  In  the  lower  room. 

Ros.  Did  you  see  me  there  ? 

Fur.  Sir,  you  were  gone  up  stairs  before  1 
came  in. 

Ros.  You  did  not  see  me  there  upon  your 
oath  ? 

Far.  No,  my  lord,  I  did  not  see  him. 

L.  C.  J.  She  said  at  first,  you  were  gone  up 
before  she  came,  and  she  was  iu  a  lower  room. 

Far.  But  I  knew  his  voice. 

L.  C.  J.  Did  you  know  his  voice  ? 

Far.  Yes,  Sir  ;  I  had  heard  liim  several 
times. 

Ros.  Did  uot  you  tell  somebmly  that  you 
heard  none  of  these  words  ? 

L.  C.  J.  Were  you  asleep  all  the  while? 

Far.  No,  Sir,  {  was  not  asleep,  I  did  not 
sleep  while  I  was  in  the  room.  1  never  slept 
in  your  presence  in  my  life. 

Hos.  Were  you  tlicre  at  the  beginning? 
What  time  came  you  in  ? 

Far.  Sir,  I  believe  you  had  read  half  your 
prayer  ;  I  was  atthe  beginning  of  the  sermon. 

Hos,  Who  came  along  with  you  ? 

Far.  I  came  alone  ;  my  child  was  uot  well, 
and  so  I  canu;  lute. 

Ros.  What  was  the  chapter  I  was  upon  ? 

Far.  It  was  upon  the  i3 1st  of  Genesis,  Sir. 

Ros.  Upon  what  verse  of  the  iiUi  of  Genesis 
was  it,  that  you  heard  these  words? 

Far.  I  cannot  tell  what  verse  it  was. 

Ros.  I  ask,  my  lord,  because  1  went  dis- 
tinctly upon  verses. 

L.  C.  J.  Prithee,  man,  1  care  uot  how  thou 
wentest  on. 

Ros.  Cannot  you  tell  how  they  came  in  ? 

Far.  No,  Sir. 

L.  C.  J.  Nor  any  one  else,  1  dare  say,  how 
such  wonls  can  come  in  ? 

Hox.  Were  the  words  spoken  together  iu 
that  exenisi"  that  you  have  sworn  ? 

Far.   Vos,  in  that  exerciM*. 

Ros.  How  long  did  you  stay  there  ? 

Far.  Till  you  had  doue,  1  believe  it  waf 
two  o'clock. 

Hos.  Was  it  in  the  ioreno(»n  ? 

Fur.  \\  e  had  no  dinner  ut  all  ;  I  cannot  tell 
what  you  call  forenoon,  or  attcrnoon. 

Hos.  U  as  it  all  spoken  uj)ou  that  chapter, 
upon  your  oath  ? 

Far.  Truly,  Sir,  1  think  it  was  upon  your 
tirst  text. 

L.  C.  J.  If  you  have  done  with  her,  let  her 
go  over. 

N 


STATE  TRIALS,  36  Charles  II.  i684.--7Wii/  oJ7%mm  Ramwdl,     [  IW 


! 

I 

■ 

I 


Ait*  Gen,  We  iKall  call  one  or  two  inotre  of 

his  uu<Uu>ni  at  nthcr  times^  that  will  g^ive  some 
ftecouiii  of  \m  way.  \\  here  ts  your  man,  Mr, 
Atterliun'  ?  VVhiiC  is  his  liuroe  ? 

AtUriur^.    P«tcr»    But  hereii  one  of  tbc 

Ait*  Gen.  Swemr  him  then.     What  if  bis 

nami'  ?     [He  una  sworn.] 

At t a  bury,   FUihtTt  Cout,  he  (^ys. 

Httovdtr,  \Vt;w  you  an  officer  m  this  place P 

QkiA:.  YeSf  in  St.  Mary  ^luuithu^s  1  was  ; 
8t-  Mary  Mfi^ihilpti,  UenuoiuUt^y  ^mrish. 

liccordcr.    VVeic  v«w    at  tlu  40!' 

any  procesjs  ai^ainsl  IlosewelVs  « 

OjoA%  It' it  uitrajse  you^  my  loni,  i  luii  .*  uar- 
^nt  vVoin  !»ir  Thomas  Jeniterf  to  nerve  ut  one 
t^c4tly*s  house,  a  luieklnyer  m  Hotiierhith  ; 
auii  tk  Urn  I  came  to  tin?  itoiis*;  to  sene  it,  tUei'e 
Wafc  fihut|«iiino€  ot'  peojile,  ajitl  a  gTeal  riot  was 
tnndp,  but  uo  bloi«s  1  cimiess  ;  hut  a  greitt 
tiiinwltoi'jw«jj)le.  that  had  not  J  ami  the  b«^dle, 
oneSttuiuel  Bennt^t  by  tiiime,  caused  the  peupW 
to  stiiml  clear,  I  i]u  not  kuo«v  but  there  might 
hiive  been  mischief  ilone*  Of  which  i*c  upon 
that  ffave  un  account  to  sir  Thomas  Jenoer, 
«i»l  he  hnih  bouod  some  of  the  |ieopU;  over  H> 
thcsesiiqrms. 

L.  C.  J.  VVhat  do  yon  mean  by  this»  geii- 
tlemen  T 

^^f*  Gen.  My  lord,  we  have  done  ;  this  is 
aijly  ahruit  Koiue  disturbaoces  tliat  the  king's 
otiiceni  meet  with,  in  executing  proceiis  atptiufl 
these  convtoitictes. 

L.  C,  J,  But  what  is  thiii  to  tht  prisoner  ? 

A(i.  Gnt.  Here  is  ^>me  woulif  have  him 
enlled  ;  but  {  eotifess  t»€  cannot  make  any  iis^ 
of  Itis  evidence  against  ihtp  pii^ner,  oidy  as 
to  what  is  bmitd  in  the  imlictineut^  that  he  did 
it  to  disturb  ihe  peaco-^  -^ 

L.  C*  J-  Pish,  that  is  uuthing,  the  officer  did 
hbdaty;  but  wliat  is  thai  to  this  biisineiis  ? 
Have  yoti  done,  j^^entlemen,  for  the  kifiy;  ? 

At  I.  Gcti,  Yi'«,  my  k>rd,  we  have  done. 

JL,  C.  J.  Then*  Mr.  Hosew  ell,  now  is  your 
time  to  make  your  defence  j  and  you  shall 
have  time  to  make  it  as  fuli  as  you  wdK 

Sim.  My  lord,  may  I  have  the  favour  to 
have  iho  ludictmcnt  read  aj^am  in  Latin  ? 

L.  C.  X    Yes,  yea,  if  you  wilL     Ilcad  it 
rain. 

Tjim,  I  huriihly  thank  your  lordahip,  only 
lie  words,  my  lord. 

CL  uj  Croun  [reads,]  '  In  (juadam  illlcita 

*  assf^Tubiat^  10  pru^cntia  et  uuditu  divensoruni 

*  aubdii*  dieii  Doiului  Re^is,  adtunc  et  ibidem 
'tllidtcet  sfditioise  asiieuiblat*  et  cong^reg^t", 

*  as2feruit  et  declaravit  <{Uod  poputu^   (s»ulMtil^ 

*  dicti  Uomini  Rvg'is  nunc,  intiuciido)  coaduna- 

*  tionem  ftcere  (Anj^lice  made  a  flock inu) 
'  tiicto  Domino  Re4;i  none,  bob  prxtexta  sa- 
'  nmidi   morbum    regni    (Ang;tice  the   king's 

*  evil)  ijuojI  ipse  (dictum  Doroiuum  reg-cm  nunc, 

*  itcrum  innuendo)  facere  nou  piilest  ;  sed  no« 
<  sumtiii  illi  (fieipsum  Thohiam  lloseweli  et  aP 
'  !iaiitio(>a!»  tt  proditor*  person*   innuendo)   ad 

*  9UOS  ilU  (ligeoii  subilil*  diet*    Domioi  regis 

*  uitac,  ioaueado)  debent  accedcre  '(Aoglicai 


*  flock  to)  ^uui  DOS  (seipsum  pni*diat'  Thomain 

*  Rosewell   el  at*    nedti'    el  prfwIit^H  *  fttwam* 

*  itcrum   innuendo)  unmus  sacerdotes  ct  pro> 

*  phctie,  qui  pr*^ibus  doiorcis  ip^orum  (lig^etM 

*  suUtit*  dicti  Oomiui  re:>is  uuui\  it^rrum  ttuiii* 

*  endo)    sanaremus.      Nos    {nubdit*  et   hg^eoa 

*  hujus regni  Ant;-li(c  innuendo)  habuionus  nunc 

*  duo«J  ini^Uus  leges  (!!)ereoi>sinium   r';tro1uni 

*  pruuuui  It  u  per  regem  Anglta*,  et  <i 

*  num    rcgeui   nunc,   innuendo)   in- 

*  periniserunt  Uumauam  su|>erNttUoti<  j  :      vi- 

*  l^rlice   Popery)   itit^reili    (intra    hoe   ir^juifo 

*  A ngliu%  innuendo)   iu  eorum  • 
'' glice  under  their  noses)  i^oi  y 

*  luu)  pnioum  nu|>er  reyefu  Am 

*  J>omitiurn  rej^jem  uuut,  inuu^  1 

*  po&iunt  ad  nullam  perjionam  i... .  — .  ..^.j — 
^  i>imutn  Jei'ohuam,  El  si  i|»si  (<Livera^  iua)«- 
*'  disiposit'  i-t   &edit*   person^  adtunc  et  ibidvm 

*  cum  prefiii'  Thomam  Rosewell  ilhcite  ct  §«- 
'  ditio«t'  a^^emblat^  et  congregat'^  rxisttn'  in. 

*  nuendo)  ad  lundameutar  ipso  runt 
'  rent  (An>;:hce  would  atactd  to  their  ^ 

*  ipae  (seipsum  Thomam  R<jseviell  miiu 

*  noil    timeUat    quio    ipsi   (seipaum 

*  Bo'tewell    et  pnedict   inaledispos'    et 

*  person^  sic  ut  pretertur  aMcmbhi*  inauendd 

*  m«micos8uo5(dictuTn  Dimunum  reu 

*  ct  li(reo&  »utHtit'   ipsius  Domini  r* 

*  innueudo)  vincerent.  *it  ut  in  p-^'^t' 

*  Ctjm  cornubus  ariet\  pal  mis  i 

*  broktti  platters)  el   lapide  in  iui  :_  ^  ...^...^ 

*  Siing)  ^c** 

Rt}i.  If  it  please  you,  ray  kirtl,  ihal  uhlrfi  I 
object  agamst,  and  desire  to  b* 
your   WdAhip,  is  thi»  ■,    1  ao> 
dpeakingwo*^  abfmt  flocking  10  ii 
cure  lb e  king^s  evil  ;  and  it  is  in  t 
mcfit  called  ^  Morlma  Regni  Anglici,'  liiai  js 
ihe  disease  of  ihe  English  kini,'dom 

L*  C.  J*  No,  no ;  it  is  *  Morbus  Ite^ni,  An* 

*  glice*  ihe  king's  e*ilt 

}io»,  1  do    nut    understand  how    *  Morbiia 

*  Regni*  can  he  the  Kirtg's  evil 

L.  C*  J*  Therefore  because  th* « 
word  in  the  law  for  lliat  distent  1 
up  by  the  word  *  Attglice/  to  .si 
meant* 


f^o  a|vl 

rlptl 
ihey 


Ha$.  Btit.  mv  lord,  I  understand  there  arc 
proper  words  for  the  disease  ;  as  Struma^  und 
Snroftda^  Chose  are  proper  words  lor  ii,  not 
*  Morbus  Reffui/ 

L,  C.  X  Not  at  all  lu  law,  those  may  be 
tlie  wonis  used  amoiig  physicians  ;  but  in 
legal  pnH'ef*lin|^  we  are  to  ket»p  up  ejtacily 
to  the  lef;al  n^iittes  and  phrases  ;  and  w  her«  wc 
have  not  an  usual  iior«l,  then  we  help  it  iii|i  bj 
Anghce's :  and  so  we  here  express  thatiety 
dibtemi>er,  which  is  called  by  i\w  nanie  ol  ihc 
king's  evil,  by  a  wonl  framed  as  near  to  a  law 
plirase  as  we  can ;  and  to  shew  our  toeoiiing 
in  it,  we  add,  *  Anglice*  the  king's  eviL 

Rot.  My  lord,  IS  that  Ihe  phrase  ibil  it 
proper  for  jt  in  law  ? 

L.  C.  X  Yes,  yes,  it  is  very  well  eitpr 
to  shew  what  is  meant. 

HoicwdL  But,  loy  lord,  <  Mocbtis 


^181]         STATE  TRIALS,  36  Charles  U.  i684^>r  High  T^ra$mt. 
kin  Engiib  |if«|ii^j^be  disMse  of  tli«  kmg- 


i^  C  J.  It  iH  80^  ihe  Htsease  of  the  kin|r- 
4wn  ;  il'ibeybud  i'<iuo  n«i  fiirtbt-n  bul  lelt  it 
tet»  It  mtgbt  t.  lU'h  an  inter|>r^tatton 

ptttflponit.     Bi  the  words  nre  so 

iiiikiguoa&  iu  Li«fj(if  ihc'v  aio  rptlufcil  to  a  cer- 
taUMj.  by  (luUifitf  an  *  Atiifliee'  ii>  them, 

Rm.  I  t)iought  it  bad  b*«n  Anglici.  My 
Urd^  tbere  i«  another  ^*hra*e  that  I  obie<?t 
l^tnstf  it  says,  *  Nos  hiiliuiuiu:;  nunc  Juos 
*  alfBOt  Ri|?es  imitmil/  Vly  loni^  this  cannot 
he  uuikiifoni)  f^rtwo  liin'is  oni^  atler  auothcr  ; 
bill  innmnl  mnketsi  it  to  l»f  l»e»th  al  once, 

£.  C  X  ^f^>,  wehttvi*  had  uou  lotjether  two 

"      lliQt  w€  do  not  use  to  exiiress  so  in 


The  trcrds  do  tlius  sound  in  Eng- 


HfTf*  nrp  fwn  wm-ds  in$imul  and  itwwf 

^  time.     My  lottJ,  t 

Jiisuhile  tipon  the 

tUM  tin  >*    w  L*t  lU  wrre  spoken   by 

1  filill  liup  and  ahvays  must  deny  the 


.C'J'  Hetnkeitso. 

||({»T  ■■'■'  '  ■-'  t      -  -•    -rnivK 
I-  C*  X  I  (d  wrtli    your 

vvtili.     F'  v.,.,j^.. ^ ,.  I  that  you  said, 

VTeba*     I     V  iiad  tirti  wicked  kings  together, 

too)  ^il>  r»  >^ii*Jy* 

I  Rm*  H  that  he  an  Anglicism,  this  cannot  be 

)  L.  ^  .  if  it  t^  a  blunder  in  the  I^tin, 

.  t    of  your   making  ;    Ibr  you 
^AMiu  Eu^libh,  and  the  Indictment  in 
♦^Tiit'tJy  |iurs«e  your  Eughsh. 
^  Jln»    '*"  •! .  bert'  i^  anotlier  exprts- 

t  lhJ,  *  iifimanam   snper- 
ta  come  in, 
L*  i  hat  well  express<»d  ? 

H^,   i'is  *.  ,.,vi*i  may  be  superstition  in 

ife  worship  of  the  Cliifrch  of  Home,  and  yet 
ikdEitJi  Lwttir  liiin  '  we  call  Pnper>. 

L.  i  y  iif#,  you  siiy  rig^ht ;  but 

liicuii  I  the  same  r<^i^Hon,  as  the 

fmmtt  pktnuh/t    you    objrcteit    against    aliout 
but  R«tfTii.'     Beraii«c  *■  llomana  Super- 
*  is  such  a  general  word,  and  because 
!  jfCTcmi  supcniitions  in  the  Romish 
ieb,  abundance  of  them  ;  and   this  may 
'  it  onrcrtain ;  and  because  we   have  no 
wnrti  to  rYpretui  uhat  we  call  |H»pery  by^ 
there  la  an  Ang-Uce  put  m,  to  shew 
i  tf  Rirant. 
Sim,  Tben^  my  loul,  it  is  said  *  in  eoruni 

*  Oqiil»^f*-tn  ic   ll.il   rnrKl     IQy  lofd  ? 

L.  »  id'cr  their  nnses  f 

Roi  _<^t. 

£.  C  J-  IVftv^  bow  wouid  ycra  put  that  into 
latio,  uTirfr T  th^ir  noses? 

RiK  ,    iff  sbould  spcHk  aecording 

t^tbr  ^  of  the  Latin  of  this  Indict 

mtnt,  r  lordship  says  muKi  exactly 

p«mu'  ^Itsb,  I  wouJa  r«nd#r  li  *  sub 


[182 

L,  C.  J.  ^uoh  fieople  suffer  ccmTenticks 
under  their  nosfs,  •-  in  eonmi  couspcclu/ 

Just.  HoUimmf,   It  IS  tyiA  ymw  nose  thrit  5 

L.C,  J,  Sutler  relw'lluju  ui>der  your  no-si'S 
are  these  things  *  8ub  nsribus^^  or  '  in  co 
"  spectu  V 

Rtm,  My  lord,  ibis  could  not  po^sildy  \m 
spoken  of  the  late  kinqf,  and  I  his  Umu; ;  when 
the  preecdent  king  died  a  professed  zculous 
ProlcNUint ;  and  tiis  |ireseni  tnojosty  has  so 
oAen,  and  earnestly  declared  a^atnst  it* 

L.  C.  J.  We  know  that  rery  well  ;  but  yet 
withal  we  know,  it  was  the  pietonce  of  Fopery 
nnd  arbittaiy  powcr^  and  thoj^c  lUin^s,  tbut 
brought  tbut' blessed  Martyr  to  tlve  scaflToM  ; 
and  ihe  j^real  cry  now  at  this  day,  by  all  f^ic- 
tious  and  seditiou.'i  busy  iWlovvs,  is  ag^oiniit 
popery  ;  as  if  it  »v  ere  just  breakini;  in  upon 
us,  and  the  government  abctteil  it ;  when  it 
is  all  ffilse,  nothint^  more  uutiue  :  ilk:  Indict- 
ment calls  it  jo^  says  these  wortis  are  fipokea 

*  falso  cL  nialttiose  ;*  and  all  trea  ons  are  so* 

R4>s.  Then,  my  Inrd,  there  is  anolber  thing, 
^  8i  ipsi  starent  ad  FuudaujenLabai'ornnrt,  An    ' 

*  glicc,'  If  they  would  sland  to  their   princ 
pies,  or  principals ;  tor  I  know  not  how  it  la  ^ 
in  the  iiidii^tmeut.     Pray,  my  lord,  bowcoiucs 

*  Fundanientalta'  to  *i^nify  principles? 

L.  C.  J.  Their  firinciples,  that  is,  their  fouit* 
datjons,  or  fundan^entalii.     ^  U  the  fomid.itiun 

*  be  destroyeil,  uLat  ean  the  ri^jliltons  dof 
savs  the  Pialniist.     The  Latin  bible  cx]»re 
etb  it  b}'  *  Fundamcntalia,' 

liu$.  Then  il  is  *  si  ip«ii'  in  the  tliird  person ; 
now,  my  lord,  in  common  sense  that  mutt 
needs  reler  to  the  two  wicked  kin^that  were 
spokenofju^t  before,  or  to  the  king,  and  hl»i 
(subjects  sjHiken  of  atterwards  ;  and  then  sure 
it  cannot  be  treason. 

L,  C  J»  No,  *  they'  that  ig,  I  and  you  that 
are  here.     It  was  spoken  to  your  congrefj'a-j 
tion.     If  they  would  «itand  to  their  pnnciplcgJ 
then  come  the  broken  platters,  &c. 

Roi.  If  it  were  spoken  to  iliem,  and  of 
them,  itujust  have  been  *  you*  or  "^  we.'  Then 
it  is  added  in  the  end,  my  lord,  *  Fialis  l*a- 

*  tinis,^  broken  platters  i  your  lordbbrp  has 
remembered  me  of  that  wotd.  My  lord,  I  dk 
bear  that  Mrs.  Smith  did  swear  at  Kingsto 
assizes,  it  was  Pewter  platters. 

L,  C  J.  I  do  not  know  wliat  she  swo 
tbere  ;  now  I  am  sure  >hc  swears  as  it  is  in  tb 
Indictment. 

Roi,  2^1i$tress  Smith,  F*rav  did  not  yo 
swear  it  was  pewter  platters  nt  Ktng^stm  ? 

Smitft,  No,  I  never  said  othtrwifie  than  I< 
now,  and  that  is,  broken  platters. 

Roi,  1  did  hear  she  swore  pew  ter  then.  Bill 
my  lord,  I  conceive  if  it  refers  to  toe.  and  the 
people  that  were  there,  it  shoidd  have  lieen,  as 
the  former  sentence  is,  in  the  first  person  ? 
'  We'  bare  had,  &c,  hot  here  it  is  changed 
into  the  third  perion,  and  tberefore  caADOt  ' 
so  meant. 

X.  C\  X  But  it  plainly  ipeaksits  own  i 
ing,  that  it  \h  meant  of  the  people  there. 

Rm.  My  lordi  itien  as  to  the  luouenda**.  f  * 


18SJ      STATE  TRIALS,  36  Ch  arlbs  II.  l68i.-*7Viii/  oj  Thamai  Ihfiewtlh     [ISl 


I 


•ae  there  are  eijj^lit  or  ten  of  Ihem*  Whether 
Are  these  to  tn^tke  such  a  constnictinti  of  n 
iriiin*ti  tfn?Anin^,  whicli  doth  not  oihcrwisfr  siiiti- 
ciently  ap|Kiirf  as  td  briug'  a  mna  uuilcr  the 
guih  oftrrnsonf 

X,  C.  J.  t  i«ll  Tou  the  inedniintr  is  ptain  ; 
if  you  ftutl  lie,  such  f.)lse  trnitorsi  im  are  samJ 
to  be  ilicre  aisv^rtihtecl  \iith  you^  will  but  stnnd 
to  our  |>i  inriplt-M,  we  &h:ill  overthrow  and  de- 
stroy our  ciietnlei  ivith  brakcn  platters  and 
rani'S'hotiis. 

Hiir,  ItiSsaUl  here  *i [I'M?  won  timtUat<juin* 
— Of  whom  hhouti)  I  spenk  that  *  ifite  ?* 

/-.  C,  X  You  were  speakingof  \oiirseif  and 

ttmt  is  in  the  third  pcrsoo,  aad 
III        _      !  number. 

SoL  Ocn,  (Mr.  Finch)  No^  the  jurors  that 
find  thi>  Indict meiitiay,  that  he  said  so,  and 
thftt  niuA  be  lU  the  tliird  person. 

Hot.    Thnt  is  not  accordiuir  to  the  rest. 

Just.  IVithins*  'They/  is  the  people  with 
him;  and  '  he,*  is  he  himself;  thai  is  plain, 
aud  can  have  no  other  construction, 

Hoi»  Now,  my  lord»  will  your  lordship 
please  to  accept  a  froe  declaraUou  of  the  Irutli 
of  this  matter  r 

L,  C\  i.  Ay*  ny»  go  now  to  the  fact ;  now 
we  are  &r^t  o?cr  (he  exceptions  to  the  indict  - 
toeflt.  To  answer  the  fsct  is  most  proper  at 
thui  time. 

MotetvclL  Theti  here  in  the  presence  of  the 
great  God  of  Heaven,  the  rififhteous  jud^e  of 
all  the  enrth  ;  htfore  whom  yuu  and  f ,  and  all 
that  are  here,  must  one  day  a[i|>earf  at  llist  ter- 
rible bar  of  impartial  justice  (and  a  glorious 
tribunal  it  will  be),  to  give  an  account  of  alt 
thinjips  that  wa  have  done  in  the  body»  whether 
they  be  good  or  evil :  and  I  am  told  by  my 
blcsNcd  Redeemer  (who  shall  also  bo  my  judife 
that  day),  that  an  account  must  be  given  of 
every  idle  word  tlmt  I  ?»l)all  utter,  how  much 
more  lor  lying'  and  nnrjurVf  and  false- witness 
bearing?  as  \our  JoriUhip  (I  humbly  thank 
you  fhr  it)  dicf  very  seasonttblyiiug'i^.'Stto  tho<se 
that  have  witnesseil  these  thmgs  against  me  j 
1  say  in  the  presenoe  of  that  ^rreat  God,  and 
HHslionoumnle  b«»nch  of  rcvertjud  jndgea,  and 
you  gentlemen  of  the  jury,  ami  m\  dtJir  coun- 
try men,  lim!  have  been  now  sworn,  as  well  as 
retui  ncd  by  the  process  of  law  fitr  that  end  ;  1 
do  here  must  solemnly  declare  tlic  truth  luito 
you,  a:4  in  the  presence  of  this  God  I  shiiU  ao- 
Bvvi  r  It  h^^rmfWr.     Ami  I  shall  bt^yin  with  ibe 

I  t"  these  Wfirds  first,  where  this  in- 

II  uds ;  for  that  seems  to  rcler  to  some 
thinvs  of  the  laie  Ijioes;  and  aluo  to  my  trea- 
sonable intentions  now.  My  lord,  and  dear 
cotmtrymen,  because  I  lieaM  somclfiiu^  men- 
tioned as  to  the  lai^  unhappy  civil  warn  in  these 
nations ;  I  can  declare^  my  father  was  no  ways 
concerued  in  those  wars^*  fur  he  was  dead  lis- 

if        '       '  '  '  '    n  hut  a  child, 

■«  But  for  the 

.SI  MM,  1  N.iy  ?  that  is  Ion 
•^  r,  the  barbarous  u^tuxicr 

4^  ^._  _,^_  J  ^.,.^  Charles  the  First,  ^?hom 


I  had  once  the  happiness  to  see  the  ^oe  of, 

rather  the  unhuppiuess  tu  si'»^  in  rt-Sf»cetof  hifll 
condition  at  that  tiuj  r  under 

tree,  with  some  few  J.  m,  whirls 

very  much  atfrcted  itiy  httati,  UuMi^h  then  but 
young".     So  far  wus   i   fnmi  hfinir  ''^i*?  thai 
would  compare  him  to  Jev 
lordship  will  hear,  that)  I 
abhorred  that  art.     Fur  ni 
1  declare  in  tl»e  presc^nw  r ' 


bifll 


with  my  snul,  : 
I  could  do  him 
my  life  uv^-*  - 
at  bis  foot 
]  was  ouLc 


kJ,  [  woul  I 

■  .1...  it  ;    I     v; 

Mj<L  My  lord, 
la*-*  of  my  hfs 
for  declarin^T  tor  his  majesty  m  his  exile  ;  wbwi 
it  is  well  known,  few  durst  appear  in  thofit 
days  on  tlie  behalf  of  nn  injured  prince.  It 
was  objected  against  roe,  that  I  neve*'  pfnyeti 
for  Oliver  Cromwell,  that  had  iwurp' 
Fernm^-nt,  My  lord,  I  knew  he  stu' 
i  ;  11  ;   he  was  an  usurper. 

that  the  kingdom  would  n  t  J 

ptact:  nil  the  ri^^ht  heir,  our  itoxrr 
IS,  were  restored  to  his  right,  1  I J 

that  a  gihb<.t  sihuuld  be  set  ul  ...^ 
porch,  and  I  hanjfed  upon  it,  or  at  my   owi 
door,     I  preached  upon  that  place  of  siriptur 
Ezek.  XXI.  and  the  27lh  verse,  *  I  will  <*tc 

*  turn,  overturn,  overturn;  and  it  shall  bei 

*  more  until  he  come  whose  rig^hl  it  is, 

*  will  give  it  him/     And  1  declared   i 
sennon    the  several  ovtrtumtng;s    thni^ 
had  ^iventhern  then  in  powt-r.  And  tholl^ 
threatened  me,  yet  God  preserv<  '    ii| 
nt  home,  as  he  i^id  my  dear  sov'  ^ 
for  whom  I   have   prayed  many  unnMroi 
thousunds  of  times,     Aud  it  is  well  knowi 
mediately  after  his  majesty  ^s  happy  ri**t(i 
I  did  upon  one  of  his  majesty 'ti  days 
upon    that   subject :    *  For  th*'  itauk t 
^  of  a  bn<l  many  shall  he   the  y. 
I  preached  coiicerning  the  ex\ 
narchy,  which  I  shewed  to  be  the  cK 
l>est  of  ^iwerumentJi,   practised  alu 
where:  aud  I  proved  it  from   the   t 
the  great  God  of  Heaven,  the  mon 
the  world,,  down  to  someof  themeaii- 
of  creatures.     I  shewed  it  w  as  the  p 
God  had  s€'t  up  in  his  church,  app^' 
Lord  Christ  tu  be  the  kinjf  there  ;    ; 
ani^cls  there  was  the  prince  of  them  .  uiuuiti 
the   celei^tial  bodies,    the  suo  in  the  tin 
ment*^ 

£.  C*  J.  Mr,  BfiseweTl^  [  am  very  unwilUii 
togireyou  any  tnlen'uption,  becoUvSe  td'th^ 
dition  you  stand  in,  being'  a  prisoner  pk 
for  your  life,  U|.wn  an  accusation  of  hi^li 
son.    But  1  tell  you,  these  thin^fs  thatyot|| 
now  insisted  n(>on  are  not  at  all  toHlie  pu 
as  to  what  vou  are  br<mght  heixj  for,     Vvu  ai| 
not  here  arraigned   for  your  {|iioil  works,  bi 
for  yonr  evi!  works.     If  you  commend  yc 
self'for  two  hours  together  it  signifies  null 
farthings;  antl  the  gentlemen  of  the  jury  mil 
let  it  iro  for  notbin^^.     if  only  seni^s  to  ph 
your  humour  oi  talkiii^,  aad  captivate  the  ; 


STATE  TRIALS,  S6  CuAtitES  II*  1 684— /or  High  Treti$on 

I  ^t  it  is  not  At  aU  to  thepurpn^.  Keep 

tOfatter^  that  tt  is  iricumbent  upon 

to  ibe  biisifwfiw   you   Hre  iijion 

QQf  ^,.ft    ^.Ilo  jjcu  upon  our  oatlis, 

tld  vbo  are   a  to  ilie  govcrnmenl 

iftdllMi  hw  far  V  _  ilo,  to  sec  tbut  thiiiy:» 

ht^ooe  aeoonlingtD  bw.     You   are  not  here 

'  m  tor  votir  goo^i  Morks  ora*!- 

yon   had  never  done  worse 

Atv  ttaid  of  younidf.     But  liere 

^  tVir  IraittTfUts  |»reachm^at  one 

lace  imd  one  particular  iitne  ;  an- 

TUe  jury  niu^t  ^fo,  not  according 

'  '       ii'cordinj;  lo  the 

l^itd  in  this  in- 

"-»---  for 

■  ver- 

.  .^, , ,,..   .- .,_^  have 

you,  you  h:ivc   at  once  over- 

^^►od  you  ev<ir  did,  or  said  in  your 

bct4>rc. 

.fiat.  My  lord,  I  know  rrry  inrdl,  one  such 

fltCtMMi'is  eiioujfb  to  nuur  a  lil'e  of  former 

mmHimm,     Rut  thin  thai  1  have  said,  was  to 

•hnr,  liovt  •lit  those  thtngii  that  lht>y 

my  constantly  declared 


bav««ifton 
joikinitsit 

L  a  J. 
»lb<r 


•  e  of  people  to 

nljfbts  pardon,  i 

■mbittortsf:imit-  ^.,^..,  ........    ^^„,- 

l^rflii  :  bi3t  iti<>  ^vell  kno^o,  the  devil  has  not 

riidv  liislruiriLrits  ti>enn'v  f-n  Ijloodv 


(tiiuti  gratiited  and  advanced   by  hiin. 

p  «tircan  say  nothing;  to   wlratisal- 
I  of  Ibrxner  loyalty  ;  the   devil   surjirises 
wmmh/^^fh^^  things  :  'they  do  them,  as  tbein- 
Aditi'  liy  the  in^li^'aiioa  of  tbe  devil. 

Kw(  3ier  bel'ore  you, 

iitaf.   i'  ly  lor<l,  to  cut  ghort.     As 

In  idiA  buv  bis   mi^je^tyN  rctiim  :   I 

kmn  b*«!fi  '  ■   —  "  of  hi!$  days,  and 

pviliciilai '.  \  I  bave  always 

rifcjgnedat  _    ...  ...jon  i  and  I  did 

upon   one    of  itiose  days    preach  upon  that 

X.  C.  /.  And  nil  this  ^ig-nifics  just  notbinc^, 

1  upon  thiit  day  you  went  to  a  convenlicTe 
IfiinHtthe  taw,  and  preached  there;  which 
•bvw,  what  H  coniormiihle  man  to  the  govem- 
Bcni  and  tlie  law  you  are.  Yon  can  bavfj;  your 
OMlgfegilions  of  hundr^s  of  people,  aad  1 
^aW  not  what ;  now  t  tell  you  all  this  makes 
ftotlkiaif&gatiiflt  you,  nor  doUi  all  your  com- 
imidatiofi  make  any  thin^  for  you. 

Hdntr  My  )onl«  1  do  not  know  any  law  of  tko 
iJnvdthaiiij  ii^in"-'  * hiii^  the  Gosiiel. 

JL  t   X  \t 
b4  the  law  "'. 

Hat*  My  lord,  1  Uunihlv  conceive  it  is  the 
of  number  tliat  makes  the  trans^- 


tticles  to  preach,  ia 


:d. 


L.  C*  /.  f  I  is  not  only  a  circumstanee^  but 
l^tiifcata«ic«  to  pccach  m  a  convcutidei  a^d  all 
icuaj^lair. 


Rot.  If  yoti  call  that  a  tmus^ession  to  preach 
the  gospel,  1  humbly  acknowledge  myself  a 
transgT^or. 

L.  C.  J.  I  tf*1 '*"'*•♦'**  a  transgrresston  ;  bqt 
it  is  not  such  n  ^»un  as  that  for  which 

you  are  here  i  n  but,  hecausie  you  com- 

mend yourself  «o  much  ;  a  nian«  I  must  tell 
you,  thai  every  day  doth  noifirioosly  trans^resi 
the  ]a\i^  of  tlie  land,  iwvii  not  be  so  fond  of 
^viufr  himself  commendations  for  his  obedi- 
ence to  the  government  amJ  the  laws. 

Roi.  My  ford,  I  was  only  ^ayinif  that  upoa 
the  30th  of  January  1  pi-earhed  u]>on  that  text 
1  Tim.  ii.  1,2*  **  1  exhort,  theref«>re,  that  first 

*  of  all,  supplications,  prayers,  intercessions^ 
*'  and  fifivmg'of  thanks  be  made  for  all  men  ; 

*  for  kiiigii  ikiy\    '"  "^"  '  lie  in  authortiy  ;    thai 

*  under  iTiem  v  J  quiet  and  peaceable 

*  lives,  in  all  ^i .^ ml  honesty. 

L,  C.  J,  Amen  !   I  say  to  that  pe'tiUoli, 
Has.  Amen  !  1  am  sure  I  sity  to  it,  with  all 

my  soul ;  and  it  is  my  daily  prayer  to  my 
God  for  my  sovereign.  And  here  I  shewed, 
that  it  was  the  duty  of  subjects  to  pray  for  their 
prince 

L.  C.  /.  I  tell  thee,  I  care  not  a  farthings 
what  I  by  text  was,  nor  thy  doctrine  ;  I  wish 
vou  had  been  at  church  thougl),  and  been  con- 
Ibnuable  to  the  lans.  But  this  ls  nothiog  to 
our  business. 

Ros.  I  had  therein  a  sharp  reproof  and  in- 
vective against  tbo^e  that  instead  of  praying 
for  their  civil  head  cut  it  ofl';  and  those  that  de- 
sign and  plot  against  the  governtuent. 

£r.  C  X  You  did  abundance  of  goo<l  by  your 
sennon,  no  doubt ;  J  shall  not  .now  stand  to 
c^xamine  that* 

Ros,  So  far  was  I  from  harbouriog  any  trai< 
terous  thought 

L,  C,  X  Come,  come ;  all  this  is  besides  the 
cnshion;  eouietothc  matter  that  is  here  before 
us,  man.  1  would  not  restrain  you  of  any  part 
of  your  defence,  either  in  time,  or  any  thinj;^ 
else ;  but  let  us  not  have  the  time  taken'up  with 
that  which  no  way  concerns  our  question.  Our. 
business  relates  to  what  was  said  at  your  meet*. 
iug,  at  that  time  the  witnesses  speak  of. 

Roi,  Then,  my  lord,  as  to  the  truth  of  this 
particular  case,  I'shall  now  declare  all  that  past 
then  ;  as  in  the  presence  of  that  God  who 
search eth  the  heart,  and  trielb  the  reins,  and 
who  shall  judge  us  all.  U^»on  the  14lh  day  of 
♦September  last,  I  did  preach  to  some  people 
that  were  met  at  a  friend  ^s  bouse,  one  Capt, 
Daniel  in  Rotherhith  :  and  as  my  course  hath 
been  to  exnouud  the  Scriptures  Ttomake  them 
tinderstand  them),  I  was,  my  lord,  that  day 
u[ion  the  *2nth  chapter  of  Genesis.  The  chap« 
ter  is  about  Abraham  and  Abimelech  king  of 
Gerar.  Now,  my  lord,  will  you  please  that  I 
shall  <leliver  to  you  what  ^va^ said, by  repeating^ 
it  by^  word  of  mouth  ♦  or  read  it  7 

L.  C.  X  Ijfo,  lio  ;  I  do  not  desire  any  of  your 
expositions,  or  nreachmeots ;  answer  tt/  the 
lodicUneut,  ana  what  is  charged  upon  you 
there. 

Rat-  My  lord,  I  am  about  it,  in 


]87]     STATE  TRIALS,  $6  Charles  II.  i684 — Trial  of  Tkomat  Reaemett, 


what  was  renlly  said  ;  and  I  ask  the  favour  of 
deliver! ut(  in  court  what  I  then  delivered  to 
thein.  My  lord,  it  was  thus:  la  the  9d  verse 
it  is  said,  *  And  Abraham  said  of  Sarah  his 
'  wife,  she  is  my  sister;'  from  whence  I  ob- 
served, that  he  had  been  gfuihy  of  this  once  be- 
fore, in  the  12th  chapter,  when  he  told  the  very 
same  lie  to  Pharaoh  king  of  £gy  |>t.  And  thence 
I  raised  this  note,  *  That  a  goofi  man,  or  a 

*  friend  of  God,  might  fall  into  the  same  sin  once 

*  and  ag^n.'  And  in  proof  of  it,  I  brought  three 
or  four  uistances.  That  of  Lot  in  the  foregoing 
chapter,  his  falling  twice  into  the  same  sms  of 
drunkenness  and  incest  with  his  own  daugh- 
ters. T)iat  of  Samson,  in  the  16th  of 
Judges,)  and  there  came  in  the  mention  of 
Dalilah,  that  she  spoke  of,  she  only  re- 
memlters  the  name  of,  and  not  the  truth  of 
the  quotation),  that  of  Peter's  denying  his 
master,  once,  twice,  and  again;  first,  with 
a  he ;  seconilly,  with  an  oath ;  and  thii-dly, 
with  an  imprecation.  But  the  proof  which 
they  in  this  point  have  most  distorted,  is  that  of 
Jehoshaphat,  who  sinfiilty  joined  nith  two 
wicked  kings  :  first,  with  a  uicked  father  Ahab 
in  his  ex{>eidition  into  the  laud  of  the  Syrians 
against  liamoth-Gilrad,  2Chron.l8tli  chapter, 
for  which  he  is  reproved  as  a  gi-eat  trangressor, 
and  threatened  by  the  prophet  in  the  19th  chap- 
ter, and  the  beginning :  and  yet  he  afterwards 
joined  with  another  wicked  kins*,  Ahaziab, 
Ahab's  wicked  son,  to  go  to  Tarehish-  ;  as  ne 
mav  «ee  in  the  SOth  chapter,  and  the  latter 
end.  And  here,  my  loni,  is  the  whole  of  the 
bunneis  concerning  the  two  wicked  kings. 
In  the  presence  of  the  holy  and  great  God 
there  was  not  one  word  spoken  of  the  kings 
of  England,  either  kinif  Charles  tlie  first, 
or  his  present  majesty.  This  was  as  to  the  two 
widced  kings.  And  then,  my  lord,  I  came  to  the 
7th  verse,   which  has  these  words,  *  He  is  a 

*  Prophet,  and  he  shall  pray  for  thee,  and  thou 

*  shah  live.'  Upon  this  i  observed,  *  That  the 

*  prayers  of  God's  prophets  have  been  very  pre- 

*  valent  for  the  healing,  and  helping  of  others  in  a 

*  time  of  need.'  And  three  proofs  ]  brought  of  this : 
The  last  of  which,  was  that  of  the  ])rophet 
Isaiah^s  praying  for  king  Hezekiah  in  tlie  time 
of  his  great  and  dangerous  sickness.  But  that 
which  has  reference  to  this  business,  was  that  out 
ofthelKingsxiii.andthe  beginning;  '  When 

*  die  prophet  came  to  Bethel,  and  there  rebuked 

*  Jeroboam,  and  prophesied  against  the  altar 

*  there ;  Jeroboam  put  forth  his  hand,  and  shook 
'  it  at  him,  and  said,  lay  hokl  of  him  ;  uiioii 

*  which  tlie  king's  hand  was  dried  up.    Then*  • 

*  upon  the  king  intrcated  the  prophet,  that  he 

*  would  pray  unto  the  Lord  his  God  for  him, 

*  that  his  band  might  be  rcstnretl.  which  the 

*  prophet  did ;  and  the  king's  hand  was  restored 

*  again  and  became  as  it  was  before.'  And 
here  is  the  business  of  Jeroboam.  In  the  pi^e- 
pence  of  God,  I  speak  it,  there  was  not  any 
the  least  comparison  of  my  dear  sovereign  to 
that  accursed  wicked  pmoe  Jeroboam,  who 
made  Israel  to  sm;  No,  my  ver}' soul  trembled 
atthathougfauof  H  wImb  I  heard  it.    Upon 


this  head  I  had  this  sentence,  or  obser 
(which  I  will  give  you  to  a  word)  if  I  W( 
die  the  next  moment^  and  appear  before  tli 
rioiis  tribunal  of  the  heavenly  majesty, 
not  the  least  he,  or  equivocaaon,  or  prev 
tion,  *  That  a  godly  man's  prayer  ia  a 

*  reign  cure  of  the  king's  evil ;  whereb 
'  meanest,  or  the  pooresit  christian  may  gi 

*  and  serve  the  greatest  monarch.'  And 
not  my  saying  neither,  but  the  saying 
exjiositor  upon  that  veiy  place  of  seri 
out  of  whom  I  did  quote  it.  Nor  did  1 
of  it,  or  he  write  ot'  it,  with  respect  U 
pnilicular   disease   that  the  indictment 

*  Morbus  Regni,'  but  the  king's  evil  a 
king's  own  disease,  in  reference  to  Abime 
who  was  king  of  Gerar.  For  it  follow> 
the  close  of  the  chapter,  *  God  heard 

*  ham's  prayer,  and  healed  Abimelech  ai 
*■  his  house/  But  as  for  that  word  they 
of ;  'of  the  people's  flocking  to  his  majo 

*  cure  the  kiii'^'s  e\'il,  uliich  he  could  nc 

*  and  that  we  were  priests  and  prophets  to  ^ 
*tlicy  -imst  come  for  cure  ;'  in  tlie  presei 
the  eternal  Ood  ll;ere  was  not  a  word 
Then,  my  lord,  for  that  of  the  rams-h 
I  shall  observe  linw  that  came  in  by  and 
but  first  I  will  premise,  that  all  this  tha 
been  now  spoken  of,  was  ujion  the  expo 
of  that  chapter  in  the  morning.  In  the 
Boon  I  preachcil  upon  a  particular  text ;  1 
yith  the  reading  of  a  Psalm  and  a  chaptei 
so  far  i  conceive  it  was  afler  the  rnanne 
usage  of  the  church  of  England,  whid 
joins  the  reading  of  the  scriptures  as  pari 
worship.  I  preachcil  upf)n  the  lltli  < 
Epistle  to  the  Hebrews,  and  the  19th 
(tliongti  one  of  the  witnesses  saiil  it  ^ 
l^lni) 

L.  C.  J.  She  would  not  be  positive,  b 
thought  a  Psalm,  she  could  not  tell. 

Rixt.  xMy  lord,  it  was  the  11th  of  If  el 
12.  the  words  are  these,  *  Therefore  a 
*'  there  of  one,  and  him  as  good  as  dei 

*  many  as  the  stars  of  the  sky  in  mult 

*  and  as  the  sand  which  is  by  the  sea-she 

*  numerable.'     Upon  which  I   had  this 

*  Tliat  tlie  great  God  can  effect  great  it 
'  by  very  small  and  unlikely  means :'  A 
(ot  one)\vhiit  was  less  than  one  ?  None  i 
And  this  one  too  as  good  as  dead ;  and  ve 
him  to  raise  as  many  as  the  stars  in  the 
and  the  sands  on  the  »«?a- shore.  What 
tilings  did  GchI  dfect  by  the  rod  of  M 
which  was  but  a  little  wand  in  his  hand 
yet  a  sign  and  symltol  of  authority ;  a 
sherifi's  white  Nta\  cs  are.  Never  was  tliei 
great  plaifue  to  be  sent  upon  the  enem\-  ol 
and  his  church,  Pharaoh  and  his  S^yj 
but  u|ioii  the  stri'tching  forth  that  little  i 
came.  And  so,  at  the  sieu[e  of  Jeriuho ; 
dreadiiil  dilapidations  in  that  great  city  d 
sound  of  the  rams-horns  make?  What 
rible  anny  of  the  enemies  of  the  Israelit 
Gideon's  small  host  destroy  with  a  few  b 
pots  or  pitchers  ?  (much  less  did  1  vm 
plattci-s,  or  pewter  dishes  5  M  I  have  be 


STATE  TRIALS,  S6CbARLE$  II.  i68t.— /or  High  Treason. 


[190 


31  tU  tiiiii  oi  lit  I 

liiKt  ft»  I   bfive  now 


t  iJac^  first  swure).  "  And  vrb^t  a  tfom^u* 
lipiit  dumiptoa  diet  Daviil  itrtke  tfoviii  wUb  a 
fUMUf  ta  «^  ttbu^  ?  And  Mrlttt  a  i^tonoas  work 
W^wf  I  ^-''l  ri»>i<it  tUe  sou  of  David,  itn  m 
liiscii  It  %%itb  a   little  clay  ajid 

tpillk  ;  i' ilirni  iijilhe  eyfs  of  one 

MlGO«Uii»t:li  &c?t\  itiAii  to  Open  tlie  v^sp^  t>f 
^born  l>liu«h  Noiv  here,  oiy  lurd, 
^liolc  truUi  »u  ibe  iircscucrc  of  the  cteniul 
Hrrr  yoiir  lorasUii*  sets  in  menUtm 
upmi  Uic  second  vejrse  of  the  '^Oth  ot 
'  t  of  two  wicked  Uiag?J ;  but  bow,  not  (ss 
t  ii)  with  any  reHeclmu 
:  '^Haud  ;  noi  were  they 
''  *:Te  sworn  thciu, 
rm.  Here  i« 
,  ->  tnjl,  and  of  Je- 
«t.  juunuer  a»  ihey 
nMntion  of  rams- 
iie  if)  u  liUnj,^ ; 
WtCHH  -  ;         ^ktl  to  the  i^o- 

f«fOiiA*niti  or  retcn xjice  to  tt,  or  refleclrun  upon 
it,  «c  the  lun;:f  mitl  thi-s  15  th^  truth.  I  have 
:  m  of  the  who?e  a^  it 
nay  see  htnv  mitch 
wrttches.  And  if 
.s  as  really  and  in- 
r  vvIkiI  «as  thiMi  said,  their 
•  if  con9<!iences  cjinnot  but  ^0 
,  and  roiitirm  %vhat  J  have  mid  j 
L  ott  ibftt  was  %t token  by  me  thtit  dur,  wan 
am  I  h»^^  rr'  '  '  '-.r  nboul  the  least  refle<Hioii 
r*J*!  inwfoTiiior  majesty  and 

<»  L  .or  either  of  theai^  or 

[t  ire  lEfyr eminent.     And  if 

^lL•rt>^  I  Jim  m re  there  will 
|f»?  I  yoa  wilHind  nnd  «ee, 

the  kinsr's  friends,  but 
^tiini  th«»s  have  ftvlsly  nccnsed  ftti 
,  faithful,  loynl  silbjef  t  of  treason  ;  a 
[•rh«*-h  my  ^*ry  souJ  flhhorBthelhoii^hrs 
In   fif*y»r  «hrrfof»   if  your   lofdship    will 
4  re,  1  uill  now  orill  my  witnesM«fito 
^ilh  of  nil  thiM  ttiatt*  r.     Atid  alW 
1^  coufe<5sion  of  the  truth, 
[  ^hall   call  ^vill  te^iitifv 
uMi  iru«it   in   my  jjitml  God, 
11,  my  dear   countrynwn,   see 
'  ■*■*!'  ot  ray  heart  in  whatever 
Me,      Ha**  I  l»efii  ^tltv 
ti  laid  to  my  chanr*',  Tl 
•,    Fray,  Mr,  Ciier,  call 

f^  C.  X  Ay  ;  cooie  eall  \f*%\r  witoe<!SP^. 
■"  n.  Ify  lord,  one  thioyr  ^  »ouhl  desire  to 
^^irik  lo   yocrr  Umhlnp.     Your  lontshiji  wm 
^Hlttntf  thill  i^hHi    I  declared  of  my  former 
li|fih')  "i>tr  ^^  whnt  tiK'  witne«»ies  have 

^tfAK*  (d,  I  hftre  read  in  a  trwe  hw- 

teiy  ^1  MMok  iiie  scrif^tureK  will  be  owned  by 
fmwao*  llMt  fcre  here  tu  be  ^u<^h)  of  two  false 
•itar^*-^  •*  ■  were  siK-h  ;  they  »re  called 
■»»i't  !    prt^y   God  thesic   be   ikH  i»c- 

•■■ttr  «**^    f»f    lielial)    that    «wore, 

*^3?«i»"'  nte  Gril   and  the   kinjf.' 

Llie^«Mt:' 
klmt  would  yon  have  of  us,  imj), 


Aay 


/{47<.  I  am  confident,  my  lord,  yoiir  loed^htp 
and  the  court  do  not  believe  he  itid  »o. 

L,  6\  X  Tlie  Scriptures  tell  us  it  was  not 
true  ;  Ho  vou  think  we  do  not  believe  the 
seriptui"efi»  beeanse  we  lU*  not  heur  yoti  (oeiich 
iu  your  oouveoiicleii  ?  We  do  behr\  c  tlR'  vcrip- 
lures,  iiiaui  and  \ie  livlicTe  too  iltey  have 
lieen  |jerverte<l  by  you,  and  other  (>eojde,  Iu 
very  ill  |»ur|>oses.  \  cs^  [  do  rumemlH>r  the 
story  of  NulMiih;  and  (o  Mhewyou  that  I  can 
remember  some  ludy  history  as  well  u«  you^  I 
can  tell  you  of  anotlter  story,  and  that  m  the 
titiiry  ol  8u«anua  and  the  elders,  and  there  nas 
I  irciinkstauce  of  time  imd  place  le?,tified  lo  i 
but  tt  seems  they  uere  deftciive  iu  ihrir  proof, 
and  thereby  discoverml.  You  would  do  w«U 
to  detect  I  be  witne^^ses,  if  you  can,  in  ^somc 
contradiciiou,  or  talshood  ;  that  will  ilo  yoit 
more  service,  than  harangues  uruJs}>eeebes. 

RosetL-ell,  The  God  of  Heaven  will  ilo  it  thii 
flay,  1  trust ;  far  to  hinu  1  have  opened  011 
cause. 

L.  a  X   Well,    well,  call  your  witi 
and  prove  w  hat  you  can* 

Ru&ewdl.  My  dtiiir  Reileetner  himself  wi_ 
served  so  \  nay  condemn eit  by  the  te!i|iiiioti| 
of  false  witne^es,     [Mr.  Hudson  came  i«.}  , 

L.  C  J.  Come,  here  is  your  wittiesa  ;  nhi 
say  you  to  him  ? 

HosvuelL  Mr,  Hudson,  were  you  present  \ 
the  meetinij;^  at  RoLlierhith  oa  Lord's  iJ^^  the 
14ih  of  September  last  ? 

Iiud$'m.  YeSy  H^r^  I  was  so. 

RosewtiL  Here  is  IVIm.  Smith  hatli  swor^» 
that  eiince  the  beginninir  of  August  we  had  il 
meeting;  iu  our  public  Meeting-house  r  Warn 
thei^aoy,  pray  &r  ? 

HuiliQn.  rhere  w&b  none  such,  tltat  I  kiiowoC 

Ro$ew€lt.  She  swears,  that  we  were  At  Iftie 
house  of  captam  Daniel  \Veldy*t»  the  )4th  of 
Sep  tern  IxT.     Was  it  so  P — Hudmn,  No,  Sir. 

RoMCwtlL  Vi  hat  pUce  wasi  it  then  ? 

HuU»vn,   It  wa^  one  cupluiti  Daniert;* 

Ln  C.  J.  That  is  the  same  nn  Ihey  say, 

R4f9rmeli.    The  tirst   witi»eH»,.AVlr;i.  feimilii/ 
said  captain  Weldy'if :    ioik-ed,  tlie  other  i<uil» 
cuptaifi  liun  el'ij. 

L.  C.  J.  8he  sM  she  wiis  ttild  yo,  but  she 
CKiold  not  tell  ;  but  «be  remend>er»  yoa  prayed 
i'iyt  him,  and  his  child  too,  who  wa«  theo  ill. 

HmcMcti,  Pray  8ir,  as  to  the  truth  of  the 
buAiness^  ;  Did  you  hear  me  speak  of  two 
wickeil  kujg«>  i  Thai^  my  lord,  iume  in,  I  say 
u{*on  the  M*eond  t  erse  ut  the  SOth  vf  Geueait^ 
which  t  ihtn  wai;  eitpouuding^. 

L.  C.  /.  Nay  oftk  him  in  ^oeral  what  be 
heard  you  say  ;  and  %vh«lhvr  he  heard  you 
aay  any  thing  of  two  kicked  kiu^,  and  what 
it  was. 

RmewetL  Ay,&bout  Ahah,  and  Ahaztth  hii 
son 

L.  C.  /.  Nay,  nay,  I  must  have  luioe  of 
those  thin^,  w"e  mtjht  hare  fair  questions  put; 
for,  as  you  tict.'  we  will  not  admit  the  king*i 
eount^el  to  }»ut  aoy  questions  to  the  witnes^es^ 
Dor  profloce  any  vutneases  i^aioat  you,  tliat 
are  lesdincTT  or  not  proper,  so  nior  mtiil  you  : 


1913     STATE  TRIALS,  36  Cbaklbs  II.  l6S4^TrUa  of  TXmum  Rofewell 

nborning  ;  you  did  only  expound^  as 
to  do  in  the  morning. 

X.  C.  J.  If  you  have  done  wii 
should  ask  him  a  question  or  twi 
vou,  1^,  Pray  what  time  did  thi 
beein? — Hud»on,  It  beffun  about  8  < 
L.  C.  J.  What  number  of  peopi 
think  there  were  there  ? 

Hudion,  I  cannot  judge  how  n 
were. 
X.  C.  J.  How  many  do  you  think ! 
Hudson.   I  believe  there  were  a 
40  or  50  there. 

X.  C.  J.  No  more  than  40  or  50  : 
Hudson,  Alas,  we  could  see  but  in 
X.  C.  J.  What  room  were  you  in  i 
Hudson.  I  was  in  one  of  the  chan 
X.  C.  J.  How  many  pair  of  stairs 
Hudson.  Two  pair  of  stairs  high. 
X.  C.  J.  Did  you  see  Mr.  R(Mewi 
Hudson.  No,  I  could  not  see  him  i 
X.  C.  J.  Was  tliere  ever  a  bed  it 
where  you  were  ? 

Hudson.  No,  my  lord,  th^  was  i 
X.  C.  J.  Was  there  a  dinner  time 
Hudson.  There  was  at  noon  a  res 
tic  while. 

X.  C.  J,  Did  Mr.  Rosewell  go  dov 
Hudson.  Yes,  my  lord,  he  cud,  1 1 
down  stairs. 

X.  C.  J.  Do  you  remember  any  i 
was  spoken  of  Samson  and  Dalilah 
Hudson.  Yes,  as  I  said  before, 
about  fcjamson's  goinsr  downtoTimi 
Dalilah  ;  shewing  nis  failing,  ho 
twice  into  the  same  sin. 

X.  C.  J.  Did  you  hear  any  disco 
canting  ?  Did  you  observe  he  used 
canting? 

Hudson.  No,  not  that  day,  as  I  ki 

X.  C.  J.  Did  you  ever  hear  bin 

word  ? — Hudson.  Yes  I  did  one  day 

X.  C.  J.   Ay  ;    What  did  he  say 

about  canting  r 

Hudson.  1  am  not  able  to  tell  y<» 
actly. 

£.  C.  J.  You  must,  you  roust  ind 
Hudson.  I  do  assure  your  lordshi| 
not  how  to  repeat  his  expressions  abc 
X.  C.  J.    For  look  you,  Sir  ;    th 
are  not  upon  your  oath,  because  th 
not  allow  it ;    yet  the  same  thing 
those  witnesses  before,  the  same  I 
you;  you  must  consider,  friend, 
here  to  serve  no  turn,  nor  party  ; 
the  presence  of  the  g^reat  God  of  El 
eartn,  who  will  call  you  to  account 
thing  you  testify  here ;    and  tliereibi 
any  subterfuges,  tell  lui  the  trutli,  and 
plain  truth  without  welt  or  guard. 

Hudson.  My  lord,  I  will  not  den; 
of  the  truth,  nor  tell  any  thing  that' 
i  know  I  am  in  the  presence  of  a  i 
of  justice,  and  in  the  presence  of  tl 
Heaven.  . 

X.  C.  J.  Tell  us  then,  what  111 
said  about  canting. 


But  if  you  have  a  mind  to  ask  him  any  ^ues- 
tifins,  what  he  heard  concerning  two  wicked 
kings  generally,  do  so. 

Hudson.  Upon  the  2d  verse  he  was  then. 

X.  C.  J.  Of  what  chapter  ? 

Hudson,  Of  the  20th  of  Genesis.  I  was 
then  in  (he  place,  and  writ.  He  was  upon  the 
jtad  verse,  and  concerning  Abraham^s  denying 
of  Sarah  his  wife.  Says  Mr.  Rosewell,'  Doth 
Abraham  here  fall  again  into  lying  ?  I  thought 
he  had  smarted  enough  in  the  12th  chapter, 
for  the  same  he  told  to  Pharaoh :  And  doth  he 
fall  again,  and  not  take  warning  by  it  ?  From 
that  you  may  take  notice,  that  the  best  of  God's 
children  may  fall  again  and  a|raun  into  the 
same  sin.  And  there  you  quot^  what  mis- 
chief good  Jehoshauhat  had  like  to  have 
brought  upon  himself,  by  joining  with  two 
wicked  kings  :  first,  with  wicked  Ahab  king 
of  Israel ;  and  after  he  was  reproved  for  it  by 
the  prophet,  yet  he  fell  into  the  saoie  sin  again, 
by  joinmg  with  Abab's  wicked  son  kins'  Aha- 
siah.  And  so  he  quoted  Samson,  who  got 
mischief  by  taking  a  wife  among  the  dauefh- 
ters  ef  the  Philistines  ;  and  yet  after  he  had 
felt  some  smart  and  hurt  by  it,  yet  like  good 
Jehoshaphat,  and  good  Abraham,  he  falls  into 
the  same  sin  again,  by  going  to  Timnah,  and 
taking  DaUlah. 

Roseweli.  What  said  I,  pray  upon  the  7th 
verse?  ^ 

Hudson.  The  7th  verse  was  concerning 
God's  appearing  to  Abmelech  in  a  dream  ; 
where  God  says,  *  He  shall  pray  for  thee,  for 

*  he  is  a  prophet,  and  thou  shall  be  healed.' 
And  there  Air.  Rosewell  spoke  concerning  the 
worth  and  value  of  the  prayers  of  God's  pro- 
phets ;  wherein  he  instanceth  in  one  thing,  that 
they  were  good  to  cure  the  king's  evil.  And 
be  Quoted  several  texts  of  scripture  of  the 
worth  and  value  of  them  ;  and  among  the 
rest  was  that  in  the  first  book  of  Kings,  the 
Idih  chapter,  and  6th  verse,  wherein  the  pro- 
phet came  to  reprove  Jeroboam  at  the  altar  at 
Bethel ;  and  the  kin^  stretched  forth  his  arm, 
and  bid  lay  hold  on  him,  and  the  king's  hand 
was  dried  up  :  UiM)n  which  the  king  said  to 
the  prophet,    *  Intreat  now  the  face  of  thy 

*  God. lor  me,'  and  he  did  so  ;  the  prophet 
prayed  unto  the  Lord,  and  the  k\De*B  arm  was 
restored  whole  as  the  other.  And  He  did  quote 
that  of  Hezekiah  too. 

Rosewell.  My  lord,  this  man  did  take  notes ; 
and  therefore  may  be  the  more  exact. 

Hudson.  Yes,  my  lord,  I  have  my  notes, 
and  can  read  them  at  large  ;  and  I  Jid  gene- 
rally write,  my  lonl. 

Kosewell.  Tiien  pray,  Mr.  Hudson,  will  you 
declare,  whether  you  heard  any  thing  in  that 
exposition  or  discourse,  concerning  rams  'horns, 
broken  platters,  and  a  stone  in  a  bling  ? 

Hudson.  That  was  in  the  sermon,  Sir,  in  the 
aflemoon. 

Rosewell.  She  swears  it  was  all  in  the  morn- 
ing discourse. 

Hudson.  There  was  not  such  a  wonl  in  that, 
m  1  know  of.    The  semoo  was  uot  in  the 


iSS]         STATE  TRIALS,  36  Charles  IL  \6U.—/ar  High  Treason. 


Hudmm.  He  was  speaking  of  the  wicked 
■en  of  the  world,  that  when  they  spoke  con- 
cmuag  serious  religion,  called  it  canting,  and 
«jra  he.  What  is  canting  ?  Canting,  says  he, 
k  a  whinioff  tone. 

L.  C.  /.  l>id  you  hear  him  speak  anv  thing 
coacerning  organs,  and  surplices,  and  white 
govu? 

Hudson.  No,  my  lord  ;  nothing  of  surplices 
Mr  whhe  govms. 

L,  C.  /.     Nor  any  thing  concerning  or- 

Hudaon,  No  ;  but  something  he  hail  con- 
cerning the  caihedrahi,  and  their  canting  tone 
there. 

RottwfelL  Will  your  lordship  accept  an  in- 
gfnaoo^  oonfeosion  from  me  myself  about  this 


i^  C.  J.    No,  no,  Mr. 

Jfbv 


Roseuell,  that  will 
_  __n  neither  acquit,  nor 
nnyourseiruv  these  thinj^  cither  con- 
1  or  denied.  It  is  your  witnesses  that  I 
■Ml  ask,  and  that  I  expect  an  account  from. 
Ihcidbre  I  ask  you,  friend,  and  pray  recollect 
yoaraeif.  How  was  it  that  he  talked  concerning 
lie  cantiiig  in  catheilrals  ? 

IfadboK.  Truly,  my  lord,  I  cannot  give  a 
later  deM^iptiun  of  it  than  1  have  done. 
fm  I  Mhher  do  particularly  remember  what 
iaeii  was  that  f  heard  him  use  that  expression. 
«R  on  I  tell  you  where  it  was  ;  neither 
■Imubsi  when, 
twntf.  Shan  I  tell  your  lordship  the  oc- 

LC.  J.  Why,  do  you  think  I  belicFc  any 
wmk  jm  mf^  notwithstaudiuff  any  iinpreca- 
tim  sr  aweratious  you  make  about  your- 
adf.*  IrsBst  aeithor  weigh  with  the  court  nor 
^jtrj:  we  roust  go  according  to  the  evi- 
Mse.  8t.  Peter  himself,  that  you  say  you 
■U  of,  denied  all  with  a  mat  many  asse? e- 
■iMs;  hut  that  denial  did  not  make  him  in- 
•MBl, DO,  it  was  his  sin.  80 allyour  imprc- 
■im,  and  assererations,  and  amnnatioi:s  of 
fwravB  innocence,  do  not  signify  one  farthing 
lM||i  cause. 

Jut,  Gen.  Hark  you,  Mr.  Hudson  ;  let  me 
9AymL  one  oacslwn,  Pray  when  Mr.  Kosewell 
iiifiphiiied  those  texto  of  scripture,  diil  he 
■t  Me  frequently  to  make  application  of  his 
T^Mkms  ? — Hudwn,  Yes,  my  lord. 

An.  Gem,  Then,  i>ray.  Sir,  •i'ier  he  had 
iAn  of  the  two  wicked  kings,  how  did  he 

%that? 
Imm.  My  lord,  I  will  tell  you  how  he  ap- 
|[|hiiL    After  he  had  made  those  quotations, 
[  t%i  he.  Take  notice,  if  Abraham  fell,  and 

ejchoshaphat  fell,  and  Samson  tell,  and 
Ml,  tlien  what  are  we  ?    '  Let  him  that 


take  heed  lest  he  fall :'    and  tliat 
I  the  appUcatktn  he  made  of  it. 
*ir.  Gen.   Do  you  speak  to  all  that  Mr. 
mD  spoke  in  that  discourse  at  that  time 
lUagtliese  matters  ? 

Udmn.  No,  Sir,  not  all ;   I  cannot  remem- 
1 :  Bat  the  substance  of  the  distinct  heads 


1 


^oux. 


[194 
how 


RosewelL  Tlien  about  the  king's  evil ; 
did  you  apprehend  it  was  meant  f 

Hudton.  My  lord,  I  do  not  believe  he  spoko 
it  with  respect  to  that  disease  which  we  call 
tlie  king^s  e\  il  ;  bocaiise  he  spoke^it  with  re^ 
femice  to  the  disease  that  the  king  was 
under. 

Roseudl.  Did  you  hear  any  thing  about  20 
guineas  ? 

Hudson.  No,  I  did  not  hear  a  word  of  any 
guineas  that  daj. 

Sol.  Gen.  Did  you  hear  him  say  any  thing 
about  the  people's  flocking  to  the  lung  ? 

Hudiun.  ^fo  indeed,  Sir,  not  I. 

Rosen efl.  Pray,  Rlr.  Hudson,  did  I  name 
the  word  priests  ? 

Uudsoti.  No,  Sir,  I  did  not  hear  yon  name 
priests,  but  ministers  and  prophets  ;  and  what 
a  judgment  it  was  to  have  the  proj^hets  taken 
away. 

Att.  Gen.  Pray  recollccl  yourself ;  Is  that 
a  phi-ase  they  use*,  ministers  and  prophets  ;  or 
do  not  they  call  themselves  priests  ? 

Hudton.  Miuistci*s  and  prophets,  my  lord, 
aYo  tlie  usual  words. 

Ait .  Gen.  Priests  is  the  word  I  am  told  they 
have. 

Roscrceil.  Then,  Sir,  pray  will  you  give  an  ac  • 
count  how  tiiat  about  the  ranis-horns  came  in  ? 

Hudwn.  That,  my  lord,  was  upon  that  text, 
xi.  Heb.  12 

RosLu't  f!.  Do  you  rcmendier  what  time  it 
was  ;  forenoon  or  altcrnoon  :' 

Hudson.  1  do  remember  it  was  in  your  ser- 
mon in  the  ailernoon.    Tlie  words  arc  these, 

*  Therefore  sprang  there  even  of  one,  and  him 

*  as  good  as  dead,  so  many  as  the  stars  in  the 

*  sky  in  multitude,  and  as  the  sand  by  the  sca- 

*  shore  innumerable.'  From  wliencche  raised 
this  note,  or  doctrine ;  *  Th:»t  the  groat  God 

*  could  by  very  small  means  bring  great  thinj^ 

*  to  pass.'  And  then  he  eamc  to  prove  his 
doctrine,  by  several  instances.  Says  lie,  \s  hat 
works  diet  God  do  by  Moses's  ro<l?  And 
by  Gideon's  broken  pitchei-s  routing  a  whole 
army  ?  What  great  works  has  God  done  by 
small  means  ?  That  by  the  stmnding  of  rams- 
horns  the  walls  of  Jericho  should  fall  down ! 
And  what  great  wonders  he  wrought  when 
David  slew  the  tremendous  giant  Goliali  with 
a  stone  out  of  a  sling!  And  what  great  works 
and  wonders  did  the  son  of  David,  our  I..ord 
Jesus  Christ  do  in  opening  the  eyes  of  him 
that  was  born  bliutl,  with  a  little  clay  and 
spittle  ?  The  application  of  that  was,  A  little 
grace 

L.  C.  J.  We  do  not  desire  to  hear  your  ap- 
plications. 

Smith.  My  lord,  if  your  lonlship  please, 
Mr.  Hudson  used  to  cxpouiul  liiiiiself. 

Hudson.  My  lord,  1  used  to  rcpcAt  what  I 
writ  in  my  own  family,  that  is  all. 

L.  C.  J.  Yes,  no  (Umhi  ho  is  ;i  most  cwvU 
Kilt  expositor;  th«Ti*  nrc  scvi-ral  poplr  tako 
upon  tliem  to  expound,  ih:it  vnu  lu'ither  rt'»d,  nor 
write,  lint  i»ray,  lVi»Mi:l,  ]•-•*  nie  ask  you  ot»o 
qncstiun   nion.''    W  us.  t tic  captain,  »t   v^huiitf 

U 


195]     STAT£  TRIALS,  36  Charles  II.  l684.— Tm/  of  Themoi  Rnemdh     [196 


bouse  you  were  the  14lh  of  September,  at 
home  or  at  sea? 

Hudson.  My  brd,  be  was  not  at  home,  but 
at  sea ;  and  is  still  at  sea. 

L,  C.  J.  Do  yon  remember  that  be  prayed 
forbim  attbattimo? 

Hudson.  Yes,  my  loni,  it  was  bis  common 
practice  to  jii-ay  tor  the  i'amily  wberever  be 
came. 

L.  C.  J.  And  did  be  pray  for  bis  son  tbat 
was  sick  ? 

Hudson.  I  cannot  tell  wbctbcr  be  were  sick, 
or  no,  I  do  not  renieinbortbat ;  but  be  prayetl 
for  the  fatbcr  and  all  bis  cbildreu,  ibe  wbole 
family. 

lioj.  Pray  did  you  bear  any  one  wonl  men- 
tioned of  the  Uinus  of  England,  or  of  bis  pre- 
sent majesty  britonly  in  prayinpf  fur  liim,  as  J 
bless  God  l  dady  ud,  tbat  God  would  gi\e 
bim  grace  nod  all  good  things  berc,  and  iiis 
glory  bercatier  ? 

liudson.  Not  one  word  did  I  bear  named  of 
the  kings  of  Kngland ;  nor  of  any  kings,  but 
those  mcntionetr  in  the  Scriptures,  tbat  were 
quoted,  the  kings  of  Israel,  and  the  like. 

Mas,  Was  there  any  word  spoken  abfint 
po|icry  being  permitted  to  cumc  in  under  their 
mwcsV 

Hudson .  Not  one  word  of  tbat  was  spoken, 
tbat  1  know  of 

1..  C.  J.  Did  you  bear  the  king  of  England 
mentioned  at  all  'that  day  ? 

Hudson.  Yes,  in  bis  prayer.  It  was  bis 
coii<itani  coin-se  to  pray  ibr  the  king. 

/-.  (\  J.    Ay  ;  what  did  be  pray  for? 

Hifdfion.  He  usi'd  to  express  *bimself  very 
heartily  in  prayer,  that  God  would  enable  bim 
to  rule  and  govern  the  people  under  bis  charge, 
and  bless  bim.  And  be  used  to  say,  God  forbid 
that  he  sbouhl  sin  against  God  in' ni'glecting  to 
prav  for  the  king. 

Jffos,  It  was  SamuePs  speech  to  Siuil.  Pray, 
Sir,  did  you  bear  that  ? 

L.  C.'J.  Nay,  nay,  ask  bim  what  be  did 
bear  you  nray. 

Jios.    bid  1  pray  about  opening  the  eyof?-- 

L.  C.  /.  But  you  must  not  open  your  wit- 
nesses eyes  :  Do  not  lead  bim. 

Hudson.    It  was  bis   common  practice  to 

{iray  for  the  king,  that  God  would  preserve 
lim  from  all  his  enemies. 
L.  C.  J.  And  we  say  the  same  thing  too. 
Hudson.  And  that  Uod  would  remove  all 
evil  counsellors  from  him. 
T..  C.  J.  Ay,  no  question. 
Hudson.  And  cstjihlisb  bis  throne  in  rigbte- 
ous-ness,  and  lengthen  bis  lite,  and  prosper  his 
reign  ;  and  he  uschI  to  pray  as  heartily  and  as 
savbinly  for  the  king  as  1  ever  heard  any  man 
in  my  life. 

Xl  C.  J.  So  there  was  praying  in  this  hall,  I 
reniemJMT,  for  his  late  majesty  ;  for  the  doing 
of  bim  justice :  We  all  know  wliat  tbat  meant, 
and  wliere  it  ended. 

Ros.  Mr.  Crier,  pray  call  Mr.  George  Hill. 
fWbo  came  in.]  Mr.  Hall,  were  vou  present 
iiiiis  i4ib  day  of  Sflcptember  at  Rotherhitb  ? 


Hall.  Ves,  Sir,  I  was. 

nos.  When  I  expounded  npoD  the  SOth  of 
Genesis?— Ha//.  Yes,  you  did  to.  Sir. 

lios.  Pray  will  you  lAfonii  my  Uwdi  wh«l 
you  beard  me  say  r 

Hull.  I  will  inform  them  to  the  best  of  mj 
tnemoiy. 

L.  (;.  J.  What  trade  are  you,  friend? 

Hull.  I  am  a  meal-man,  my  lord. 

L.  C.  J.  Well,  what  say  you  ? 

Hall.  The  I4tb  of  Septcmberlast  it  WW  m 
lot  to  bear  I^Ir.  liosewcli  expound  the  SOtt 
chapter  of  Genesis ;  as  it  was  nis  iisnal  ooune 
to  expound  a  chapter. 

lim.  It  was  not  of  choice,  but  taken  in 
course.  And  pray  what  do  you  remember  was 
said  by  me  atwut  two  wiekcil  kings  ? 

Hall.  Sir,  I  remember  vou  bitmght  a  scrip- 
tun*  cone<'niing  Jebosliapdat  joiniug  with  two  ; 
I  first  of  all  with  wicked  .\hab,  and  atierwanls 
I  with  wicked  Atiaziab  bis  son;  and  you  TOored 
!  it  out  of  2  Chron.  xviii.  chap,  and  19tn  and 
'iOtb  verses. 

lios.  Do  you  remember  there  was  any  one 
word  spoken  of  the  kuigs  of  England  ? 

Hall.  There  was  not  one  worn  of  hia  present 
niajesty,  nor  his  father,  nor  any  of  the  kings  of 
Kri'glaiid  ;  but  of  the  kings  ot' Israel,  Ahab  and 
bis  s<iii. 

lias.  Well  then,  concerning  Jeroboam,  what 
do  yon  reincm'ter  of  tbat? 

Hall.  As  to  Jeroboam — *  You  were  ex* 
pounding  from  the  7tb  verse  of  the  20th  chap- 
ter of  Genesis — And  in  the  0{K;ning  of  that 
7tli  verse  among  several  texts  of  scriiAnrCp 
Mt.  Itoscivcll  bad  this  Note,— Ilokl— nlaro- 
boani — 

L.  C.  J.  Ay,  about  Jeroboam. 

Hall.  My  memory  fails  me 

L.  C.  J.  Ay,  so  rperceive  it  doth  wonder^ 
fully. 

Hall.  As  to  Jeroboam,  be  brought  a  text 
from  the  2d  book  of  Kings,  the  IStb,  and  tba 
former  part  of  the  chapter.  There  was  a  man 
of  God  tbat  came  to  Bethel,  and  prophesied 
against  Dan  and  Iletbel,  and  there  were  theta 
wonls,  tbat  Jeroboam — 

Ros.  He  bad  bis  band  dried  up— 

L.C.J.  What  do  you  mean  by  that?  If 
your  witness  be  out  in  bis  story,  must '  jo« 
prompt  bim  ?  Go  on,  friend. 

Hall.  He  prophesied,  tbat  the  bones  of  tba 
priests  should  be  laid  upon  the  altar  and  bnmt» 
as  tve  rea<l  in  that  text  of  Scripture,  2  Kii^ 
13,  and  the  beginning.  And  Jeroboam  was 
there,  and  put  forth  his  hand — and  bid  some- 
body take  bold  of  him — Whereat  the  hand  of 
Jeroboam  dried  up. 

Ros.  If  it  please  your  lordsbipi  I  will  call 
another. 

L.  C.  J.  Ay,  ay,  you  may  set  bim  going,  fov 
he  IS  out. 


*'  *"  This  witness  was  wont  to  say,  that  i 
person  or  persons  pinched  his  legs  as  he  waf 
giving  bis  evidence,  which  oocaaioned  theao  frfr 
quent  breaks.'*    Orig.  Edit, 


197]         STATE  TRIALS,  36 Charles  IT.  l6U.—far  High  TnasoH. 


[19S 


HM 

fiiitfaer. 


If  it  please  yon,  I  can  g;o  a  little 
I   have    something  to  say.  as    to 


L.  C.  /.  You  had  best  go  out,  and  recollect 

jounelf;  you  haveforgoc  your  cue  iit  [i;-c- 

tent. 

Rm>  Mr.  Crier,  pray  call  Mr.  James  Atkin- 
son.   I^Vho  came  in.  j 

L  CT.  J.  You,  Mrs.  8mith,  I  will  ask  you,  (I 
wiH  not  ask  him  himsdf,  because  lie  may  ac- 
CQse  himself  by  it)  Is  this  the  miller,  at  whose 
bottse  oneof  the  meetings  \Tas  ? 

SmkL  No,  my  lord,  the  former  witness  Hud- 
son is  the  mtUer  where  he  preached . 

L.  C.  J.  Well,  what  do  you  ask  this  witness  ? 

Ro§,  3Ir.  Atkinson,  were  you  at  uur  nieetuig 
the  14th  of  September  last  ? 

Atkuuiuu  Yes,  I  was  there  the  11th  of  Sep- 
tember. 

Rot,  Were  you  there  at  the  beginning  ? 

Aikkuon.  I  was  there  from  the  beginning 
to  the  end. 

JL  C.  /.  Pray,  what  trade  are  you.  Sir  ? 

Atkinaon^  My  knd,  1  am  a  mathematical  in- 
stniment-mAker. 

Roi,  What  chapter  was  1  upon  ? 

AikiMMom.  The  SOth  of  Genesis  in  course, 
and  not  out  of  choice.  His  usual  custom  was 
lo  expound  a  chapter  before  lie  preached. 

Am.  Pray,  what  do  you  remember  was  said 
by  me  of  two  wicked  kings  ? 
"  Atkimon,  Of  two  wicl^  kings !  I  remem- 
ber that  was  upon  the  second  verse ;  how  Abra- 
ham said  of  Sarah  his  wife,  *  She  is  my  sister  :' 
and  upon  that  Mr.  Rosewell  had  this  note, 
'  That  a  efaOd  of  God  may  fall  into  the  com- 
^  miasioo  of  the  same  sin  again  and  again,  after 
^  be  had  been  reproved  and  smarted  for  it.' 
And  he  qooCed  several  instances ;  as  that  of  Lot 
committmg  incest  over  and  over  again  ;  tliatof 
Feter  denying  his  lord  three  times  ;  that  of 
Sampson  out  of  Judges  taking  two  wives 
uaoDg  the  Philistines,  one  after  another  :  and 
then  Quoted  tliat  of  Jehoshaphat  joining  with 
tvo  wick^  kinffs  ;  Ahab,  in  the  Qd  of  Chron. 
xriii.  chap,  anu  afierwards,  though  reiiroved 
bjr  the  prophet  Jehu,  he  joined  with  Ahab'b 
vidwd  son  Ahaziah. 

B4fi  Pray,  what  did  yon  hear  of  the  king  of 
EjHdaod? 

JUkinson,  Not  a  woni,  nnlcss  it  were  in  his 
Mycr ;  in  which  he  always  used  to  pray  earn- 
tM^  for  the  king.* 

Bm.  Wliat  do  you  remember  was  spoken 
iboot  the  king's  evil  ? 


Alkinson,  7'here  was  an  expression  concern- 
ing the  evil,  upfin  the  7tli  verse  ;  '  he  isapro- 

*  |»l)et,  and  he  shall  pray  for  thee,  and  thou 

*  Shalt  be  healed.'  And  lie  had  this  expression 
er  to  this  same  effect,  for  1  hope  you  cannot 
expect  1  should  speak  every  word  exactly  ;  but 
I  shall  endeavour  to  speak  the  sense,  and  the 
truth,  as  near  as  I  can,  and  nothing  else.  He 
said,  the  prayers  of  God's  prophets  were  very 
prevalent  for  the  hiding  and  helping  others  in 
time  of  need.  And  he  quoted  severalinstauces^ 
as  that  out  of  the  prophet  Jeremy,  xxvii.  chap, 
and  li^Hh  verse,  to  the  best  of  luy  remembrance. 
And  he  also  quoted  that  of  the  1  Kings  13,  con- 
cerning Jeroboam.  The  Prophet  came  tn  re- 
prove him,  and  Jeroboam  sfretclie<louthis  hand 
a^raiiist  Inm,  and  it  dried  up  ;  and  then  he  de- 
sired of  the  prophet  to  pray  for  him  ;  whidihe 
did,  and  his  hand  was  healed. 

L.  C  J.  Look  you,  what  you  say  may  be 
true,  and  so  may  what  they  sny  too  ;  fur  he 
miglit  say  both.'  \ou  user!  to  say  abundance 
of  g04Ml  things,  as  well  as  some  bad  ones; 
therefore  I  would  ask  him  this  question,  whe- 
ther lie  heard  any  thing  of  the  king's  evil,  or 
that  had  any  reference  to  the  king  of  Eng- 
land ? 

Aihlnson.  This  is  all  that  1  heard  that  comes 
to  my  memory  concerning  the  king's  evil : 
*•  That  a  godly  man  by  his  pnivcrs  may  help  to 
'  ciu'e  the  king's  evil,  and  thereby  f  the  poorest 
*  Christian  inavirratify  the  greatest  king,'  as 
says  our  Knglish  Annotator  upon  that  7th 
verse  ;  but  I  never  understuud  hira  to  mean  it 
of  the  disease  of  the  king's  evil. 

llos.  Do  you  remember  that  I  preached  in 
til  is  discourse  about  rams- hums,  or  broken 
platters? 

Atkinson.  J  did  not  hear  of  any  stich  thing 
tliatof  J  upon  all  that  chapter. 

L.  C.  J.  Hut  4lid  you  hear  him  speak  of  any 
such  thing  at  all  that  day  ? 

A  t  lunsoii .  Y  ex,  i  ny  Ion  I ,  I  did . 

L.C.J,  Cuinc  then,  let  us  have  it.  \S\u\i 
was  it  ? 

Atl.insvH.  His  course  was,  after  the  exposi- 


*  See  in  this  Collection  the  Arguments  of 
Mr.  Erskine  and  other  counsel  upon  thepro- 
pQMd  Eiamination  of  Daniel  Stuart,  when  call- 
ed for  the  third  time  in  the  Case  of  Hardy,  a.  n. 
17M.  See,  too,  the  like  examinations  in  lord 
Kmell's  Case,  vol.  9.  p.  596,  in  Mr.  Hampden's 
Cms,  vol.  9,  p.  107 1,  of  this  Collection.  See  abio 
the  two  first  questions  which  Fitzharris  put  to 
Smith,  v^.  8,  p.  S50,  all  which,  among  others, 
aie  referred  lo  by  Mr.  Erskinc  in  his  ui^ment 
ia  Hardy's  Case  as  above. 


tion,  to  preach  a  sermon. 
Rt)s.  Was  it  in  the 


furcnoen,  or  in  the  after- 
noon ? 

Atkinson.  Tt  was  at>er  the  exposition ;  he 
nraycd,  and  then  ceased  fur  a  quarter  of  an 
liour. 

Rus.  Was  it  distinct  iu  the  afWnoon  ? 

Atkinson.  It  u  as  another  di^^inoi  discoarse 
after  the  people  had  receive;l  some  refection  iu 
the  af>ernoon  ;  I  cannot  toll  exactly  t!ie  time. 
Hut  the  discourse  was  preached  from  Hub.  xi. 
1'2.  1  suppose  that  i  need  not  repeat  the 
wonls. 

L.  C.  J.  No,  no,  1  care  not  for  that. 

Atkinson.  Rut  he  thence  raised  this  doc- 
trine, *  That  the  great  God  canetfeet  gieatmat- 
'  ters  hy  very  unliKely  means  ;'  and  he  instanced 
in  several  particulars  to  prove  it.  As  the  mira* 
cles  of  Ciod  wrought  by  Moses's  rod  -,  and  the 
wallsof  Jericho  falling  down  at  the  soiuid  of 
rams- horns,  in  the  Oth  of  Joshua  ;  aud  then  ht 


Rot,  Yes,  I  own  it  was  lo ;  Init  not  at  the 
other  witnesses  swear. 

Atkinson.  Truly,  my  lord,  I  woaM  not  tall 
our  tittle  of  a  lie  ;  to  the  best  of  my  remem- 
branee • 

Sol.  (ien.  Pray,  Sir,  let  me  ask  you  one 
qiiestiuii :  I  sec  you  are  very  perled  ia  the 
proofd  of  the  serjiion  ;  did  voii  take  notes  that 
day  ? — AtkiriMtn.  No,  I  did  not,  Sir* 

}iol.  Gen.  Can  you  remember  then  any  one 
observation  that  he  made  u|ion  any  other  verse, 
d  he  nwke  upon  the 


199]    STATE  TRIALS,  36  Charles  II.  16*84.— Trtir/  ofTkman  Itmrntt,     [SOO 

quoted  that  of  Ciideon,  a  dreadful  rout  of  a  preat 
army  by  a  few  earthen  pots  ami  pitchers ;  and 
what  a  tremendous  champion  diet  David  smite 
down  with  a  slinc^  and  a  stone  ! 

Rm.  I  have  this  one  question  more  to  ask 
you ;  did  yon  hear  me  s|icak  any  tfiini;  of 
standings  m  their  principles  ? 

AlkiuHon.  Not  one  word  :  ami  I  was  there 
all  that  live-lonr;  day,  from  be^innin^  to  end. 

L,  C.  J.  Then,  Sir,  I  would  ask  yon  a  ques- 
tion or  two,  if  Mr.  Uosewcll  have  done  with 
you  ? — Ros.  I  have,  my  lonl. 

L.  C,  J.  Tniy,  what  mom  were  you  in  ? 

Atkinson.  I  was  in  the  same  room  that  Mr. 
Roscwcll  was,  he  stood  at  the  door. 

Xn  C  J.  "VVhaf,  one  pair  of  stairs  ? 

Atkinson.  Yes. 

£.  C.  J.  is  there  not  another  room  littwccn 
the  floor,  or  the  ground  room,  and  that  you 
were  in? 

Atkinson.  Yes,  Sir ;  there  is  another  little 
room,  a  little  lower  than  that. 

L.  C.  J.  Was  there  a  bed  in  that  room  you 
were  in** — Atkinsim.   Yes,   Hir. 

X.  C.  J.  Did  you  sit  upon  the  bed  ? 

Atkinson.  I  did  sit  upon  the  bed  sometimes. 

L.  C.  J.  Had  you  a  mourning  cloak  on  that  ' 
day  ? — Atkinmhi.    Yes,  i   iiad.  I 

L.  C,  J.  Had  you  a  mourning  hatband  ? 

Atkinson.  Yes,  I  had 


JL  C.J.  Do  you  remember  who  sat  by  you  ? 

Atkinson.  No,  my  lord,  I  do  not  know. 

X.  C.  J.  Do  vou  remember  any  iKMly  gave 
you  your  Ixjys  shoes  from  uuder  the  bed  ? 

Atkinson.  Yes,  my  lonl ;  but  1  cannot  tell 
who. 

L.  C.  J.  ^\  ell  then,  I  ask  you,  did  you  hear 
any  mention  m:i(Ie  thiit  day  aliont  Dalilah  and 
i^amson  ? -^Atkinson.  Yes,  my  lord. 

L.  C.  J.  You  did  ? 

Atkinson.  Yes,  my  lonl,  as  an  instance  of  a 
good  man's  falling  twice  into  the  same  sin. 

L.  C.  J.  Did  you  hear  any  mention  made  at 
that  time  concerning  any  other  matter  that  you 
renu-mber .'' 

AtkinMn.  My  lonl,  that  i>f  Samson  and  Da- 
liiaii  u  as  one  of  the  instances  that  I  repeated 
iHjfore. 

L.  C.  J.  Mrs.  Sniitli,  was  it  the  same  day 
that  he  spuke  nbout  canting  ? 

Smith.  Yes.  it  was. 

/*,  C.  J.  Dtiyou  remember,  friend,  any  thing, 
that  W!is  s|M»ken  by  him  that  day  concerning 
church -nuLsic  ?      ' 

Atkinson.  No,  my  lord,  not  a  word  that  day 
that  I  know  of. 

L.  C,  J.  Did  }on  hear  any  thing  about  cant* 
Ingthat  ilav  7— ^Atkinson.  Sio,nota  won). 

L.  C.  J.  )>i(l  y)n  lii'ar  him  talk  any  thing  of 
surplices  or  \*lii'le  gowns  .^ 

Atkinson.  No,  my  lonl,  not  one  woni  all 
that  day;  but  that  of*  Samson  and  Dalilah,  my 

/..  C.  J.  \uu  remember  that  ? 

Atkinson.  Yes,  it  was  on«;  instance  of  a  good 
man's  committing  the  same  crime  once  and 
fltgain. 


Pray  what  observation  dkl 
eighth  verse  ? 

Atkinson.  None  at  all. 

Sol.  Gen.  What  upon  the  12th  or  13th 
verses.'* 

Atkinson.  I  cannot  tell ;  I  can  apon  tfae5di. 

Ros.  Will  your  lordship  give  me  leave  to  ac- 
quaint you  with  that.' 

Atkinson.  He  only  explained  that  which  was 
difficult ;  but  when  it  was  a  little  historieal, 
he  on I3' read  it.  But  what  he  observed  upon 
the  second  and  the  seventh  verses,  was  the  sob- 
suncc  of  the  whole  exposition  almost. 

Att.  Gen.  Has  noluidy  read  the  notes  of  thai 
sermon  to  you  sinei^  ? 

Atkinson.  I  endeavoured  to  recollect  my- 
self, after  I  heard  Mr.  Roseweli  was  aocnsed ; 
and  writ,  what  I  could  remember,  down. 

Att.  Gen.  But  did  any  body  read  theur  nolei 
to  you  since  .•* 

Atkinson.  No,  indeed,  there  has  nobody  read 
any  notes  to  me. 

Att.  Gen.  Upon  your  oath  how  came  you 
to  remember  the  word  Tremendous  T 

L.  C.  J.  lie  is  not  upon  his  oath,  BIr.  At- 
torney. 

Atkinson.  Because  when  he  made  auch  short 
notes,  I  endeavoured  to  remember  then;  1 
thank  God  I  have  a  pretty  good  memory. 

Att.  Gen.  Ay,  upon  my  word,  a  very  strong 
one. 

Atkinson.  He  did  use  the  word  '  Tremend- 
ous champion.' 

Recorder.  Had  you  and  Mr.  I^udsoa  any 
discoursf*  about  this  matter  since  ? 

Atkinson.  Yes,  Sir,  we  might  talk  what  we 
did  remember  to  one  another. 

Sol.  Gen.  Did  he  write  down  the  aennoa  ? 

Atkinson.  Yes,  1  suppose  he  did  ;  but  I  did 
not  sit  l>y  him. 

Hos.  Mr.  Crier,  Pray  call  Mr.  William  Smitb 
[Who  came  in.]  Were  you  at  thia  meeting 
the  14th  of  September  last  ? 

Smith.  Yes,  I  was,  Sir. 

Ros.  Pray  will  you  acquaint  my  lords,  what 
you  heard  me  say  there  Y  What  chapter  did  I 
exjMund  ? 

Smith.  The  20th  chapter  of  Genesis. 

Rns.  What  do  you  remember  of  it  ? 

Smith.  I  remember  the  chapter  coooenied 
Abraham  and  Abimeleeh. 

Ros.  What  did  you  hear  of  the  people's 
flocking  to  the  king  to  cure  the  king's  eril  f 

Smith.  1  heard  no  such  word. 

Ros.  Or  that  his  majesty  could  not  cure  the 
king's  evil  ? 


1 1  STATC  TRIALS,  S6  Cit ABLES II.  l684.— /or  Higk  TnatM. 


[SOS 


Ko,  Sir,  liot  a  word  of  it. 
Did  Tou  Ucar  any  tbb^  at  all  concera- 

ik.  Str.  I'oii  iriil  liuote  st^mclbbg  out  of 
^•imolat  :4^s  evil. 

Ao«*  Uo  ^  ;  >vhut  ttiat  was? 

Smith,  I  uaanul  reineutber  it  Mty  at  length, 

Ri  I-  i!  you  uodfrslaiiij  it  a<i  mc^nt  uf 

Ihtki  ,    vr  of  the  evil   of  A  hi  lae  lech 

Smiths  1  did  not  understatid  it  of  ttie  diseaie 
s^CAlied  ;  but  of  the  evil  nf  Ahimelecb. 

Jto$€4f)tiL  What  did  \ou  hetir  coitcernitig 
|mils  aod  prophets  ? 

^mitL  You  s«id  it  was  the  function  of  tbe 

^  fiPuv   lor  ihe  |)00|lk*, 

II  you  remember  was  said 

OC  two  \\\' 

Sm  ii«i  n»;ike  menlioiiof  two  wicked 

lan^«  '\  Aha/.»»fi ;     tJiat  Jehoshanhat 

'h  them  one  after  atiather, 
reatiy  thiti|^of  tbe  kingn$ 
•f  Ellfiatid,  or  ui  uiy  Hovertigu  f 
SbdiA,  N*>,  lint  at  alt,  Sir. 
X-  L\  X  Did  you  hear  anything  concerning 
Jerobuun  ? 

Smm,  Y«>thtifJ^  *"-i^  ^tretchcKl  forth 
|hs  liaml*  and  hi%  hiria  i  ;  and  tin*  ]iro- 

fl»t  pnyed  for  him,  ..i.-. ...-  .-.iad  was  restored, 
L-  C  J,  Did  you  htar  any  lliiugin  the  ex- 
^tallififi  ^ifltn^lrn  i»Itrhi'i'&,  I  meaii  in  the  forc> 
OMv  1  iiunk  nut* 

L.  i  I  .(  juu  hear  of  tbeiD  ;  and 

mhmf 

SmitL  To  tlie  beat  of  my  remembrance*  it 
^tm»  m  tJte  allemoon  ;  That  God  could  tlo 
gfWil  oMUcfs  by  smalt  means  ;  and  sou  quoted 
jmtll  i4ifti||^.  I  did  not  stand  weft,  so  tliat  1 
'1  imtbetf  all  the  f>articulars. 
X*  C»  X  But  whtit  did  you  liear  ? 
lUteweiL  Pray  did  you  hear  any  wortl  ot 
ortir  '  *  f'Hr  principles,  or  of  overcoming, 
that  I  '/i.  iNo,  I  did  not. 

Jii  "     If  seeuiA  ) oti  did  not  stand 

ia*L  ir. 

liiL  '  1  ler,  pmy  call  Mr.  William 

&t(«».    [  W  hich  ho  did,  but  lie  did  not  appear  3 
Crier    Hi?  is  not  here,  Sir. 
Km^&ttL  Pmy,  8ir,  csiil  Mr.  Cieorvre  Hales 
AcB.     [Wb'>  came  in.]      Were  you  this  I4th 
liy  ' '  kT  at  ihia  meeting.  Sir  ? 

li  I  was,  8ir. 

hoica^l.  Ucre  yon  there  from  the  begin- 
»!»  tbe  end?^>ftf/ef,   Yes,  1  w»^,  8ir. 

nfmewtU,  Pray  llieu  will  you  tell  my  lord 
ute  you  heard  me  say,  with  refereuce  to  flock- 
ifigtDtlie  ^'' '/    >-  'T'"v-   »«.  kiugf'j*  evit 

Buiei.    I  you  sliould  say 

«f  {i#op)e'>.  ;i-  „  ,,  :.  :....-  ;  but  you  were 
iMkiaiC  of  tbe  king's  i*vd,  and  that  was  thus  : 
Jly  lonl,  it  was  fr<no  tbe  7lb  verse  of  tbe  20tb 
CUJMtr  of  Geiiestis,  He  ik  a  ]»ropbet,  and 
•Inil  prmy  for  thee,  and  thou  shalt  be  healeiL 
God  ia  speaking  to  Abimelech  in  a  dresiui  j 
ud  iiWr  a  httle  uaraphra^  upon  the  words, 
He*  RowvrtU  aid.  That  a  godly  man's  prayer 


waa  a  sovereign  cure  for  tha  king's  ovil ;  and 
quoted  somescripture  instances,  an  in  1  Kingly 
where  God  having  sent  a  insui  of  God  to  re- 
prove Jeroboam  for  hi«  idolatry,  he  atn-tcbed 
out  his  hand,  and  bis  band  withered  ;  and  he 
desired  tbe  prophet  to  pray  to  the  L<ird  bis  God, 
that  his  hand  inigbt  be  restored  ;  and  accord  > 
ingly  it  was  accomplished. 

HQUiiidI*  Did  you  hear  any  thing  of  the 
kings  of  England? 

Hiilu,  No,  not  one  word  all  that  day  ;  only 
you  prayed  for  his  majesty,  as  you  used  to  do. 

lunevfeli.  What  do  you  remember  was  said 
about  rams- horns  > 

Hale$.  I  remember  you  were  preaching  out 
of  tbe  xi.  Heb.  12,  and  thewot^a  wereUiese, 

*  Therefore  sprang;  there  of  one,  and  bitn  aa 
*■  p^ood  a^  dead,  as  many  as  the  stai-s  in  the  sky 

*  Tor  multitude,  and  as  tbe  sand  upon  the  sea 

*  shore  innumerable/  From  whence  be  had 
this  observation,  That  God  is  able  lo  bring 
great  matters  to  past  by  small  means.  And 
so  accordingly  Mr.  flosevicll  instanced  how 
the  walls  of  Jericho  were  shoi^tk  down  by  tlie 
sounding  of  rams- horns  ;  or  somotlung  to  that 
puroosc. 

Kit^eircU,  What  do  you  remember  of  broken 
platters  ? 

Hates,    I  remember  you  brought  In  an  in- 
stance concerning  Gideon,  and  I  tbink  it  wi 
thus,  that  by  breaking  a  few  earthen  pitch€ 
he  rouletl  a  great  army. 

lioxcwtiL  And  so  'of  a  stone  and  a  sling* 
But  was  there  any  thing  of  standing  to  prin» 
ciples  ? — Haitt,  Sot  a  word* 

L,  C*  S,  As  yon  heard  ? 

Hules.  That't  heard. 

L,  C.  J.  Or  that  you  remember  ?  ^ 

Ua!c$,  Yes,  my  lord.  But  you  said,  What 
a  tremendous  champion  did  Darid  slay  with  a 
sling  and  a  stone* 

/>»  C.  /.  Did  you  lake  note*  f 

Hates.  No^  my  fowf. 

L.  C.  J,    Then  pray  bow  came  you  to  i 
member  that  word  trenicfidons  ? 

Hahi,  I  do  remember  he  did  use  that  word. 

L.  C.  J.  Have  ymi  hud  any  discourse  about 
this  matter  since  ? — Hales.  \^e8, 1  have, 

L,  C.  J.  With  whom  ? 

Hales,  With  several  fnends. 

X.  C.  J.  Did  v«u  discourse  with  Atkitiaofi 
about  h?— Hales.  Yes,  I  did. 

X.  C  X  Did  you  with  William  Smith  P 

Hates,  No,  I  do  not  remember  I  did. 

L,  C.  J,  Did  you  discourse  with  Hudson  ?^ 

Hales^  I  canuot  say  1  <lid. 

Att.  Gfn.  Nor  you  cannot  say  you  did  not;! 

X.  C.  X  Did  voii  hear  any  notes  read  ? 

Hales.  I  thlnt  1  did. 

X.  C  X  W^hose  notes  were  they  you  beard  f 

Hales.  Thomas  Huditou^s  notes,  I  think; 
I  am  not  sure  of  it. 

X.  C,  J,  It  is  so  hard  and  didicuU  to  giet 
out  the  truth  from  tliis  sort  of  people  ;  they  do 
60  turn  and  wind.  How  lung  aftrr  the  sermon 
was  preached  was  it  that  you  heard  the  nofea 
read  ? 


I 


905]     STATE  TRIALS.  3ti  Charles  II.  l6S4.^Trial  ofThmoi  Rotmeli,    [9M 


Ilahn,  I  wu  in  the  connlrv  when  Mr.  Rose- 
wcil  was  taken ;  and  when  1  came  home  again, 
I  heard  of  it. 

JL.  C.  J.  Hut  you  did  not  remember  it  till 
after  he  was  takkn  ? 

Htih&,  No,  my  lord  ;  and  I  read  the  chapter 
mysclt*,  nnd  rcmfmhcred  these  things. 

^v»/.  Gen.  Pray  is  the  word  tremendous  in 
Hudson *s  iiotvR,  or  no  ? 

i/a/(..<i.  I  caiuiut  tt'Il  whether  it  he,  or  no. 

Att,  Gen.  Pray,  when  was  the  next  daj 
after  this  ? 

HuUs.  I  cannot  tcil.  I  was  in  the  country. 

L.  C.  J.  Did  he  take  notes  in  long  hand,  or 
short? 

A  Stranger  that  stood  by.  In  characters, 
my  loixl. 

Att.  Gen.  TI:;ve  you  not  heard  Iiiiu  preach 
since  that  time :' 

Hales,  Sir,  I  went  into  the  country  soon 
after. 

Att.  Ctn.  \V here  was  his  test  at  auy  other 
time,  can  you  tell ;' —  Hales.  No,  I  caunuf  readily. 

Alt.  Gen.  Nor  what  he  diacoui-sed  upou.^* 

Hales.  Asm  any  particular  time  I  caiuiut. 

Att.  Gen.  Do  not  you  remember  his  text  at 
any  other  time? 

L.  C.  J.  "When  was  the  time  before  this  14th 
of  JSeptember,  that  you  did  hear  him  pi'each  ? 
You  have  heard  him  before  ? 

Hales,  Ye»,  my  lord,  I  have. 
•    X.  C.  J.  Was  that  upon  a  Sunday  ? 

Hales.  Yes,  it  was. 

L.  C  J.  Did  you  hear  him  the  Sunday  be- 
fore ?— //.//*'*.  Yes,  1  dill. 

L.C.J.  Well,  what  did  he  preach  upon 
then? 

Hairs.    This  I  know,  that  in  his  course  of 
reading  and  exposition,  he  was  upon  the  19th  ! 
of  Genesis.  I 

/..  C.  J.  What  was  his  discourse  upon  that 
rhaptiT ;'—//«/«.  That  I  cannot  lell.  j 

/-.  C.  J.  Nor  the  day  afterward  ? 

Hairs.  No,  my  lord. 

L.  C.  J.  Upon  my  w  ord,  you  have  a  lucky 
memory  for  this  piir^jose  ;  to  serve  a  turn,  it 
4-an  just  hit  to  this  very  day.  You  arc  very 
puiu'tuully  instructed. 

Soi.  Gni.  Do  you  remember  any  other  part  of 
the  sermon  of  il'iig  day  than  what  you  have  re- 
lated .^— //«/«.  Yes. 

L.  C.  J.  Ay;  tell  us  what  you  remember  be- 
sides. 

Hales.  I  must  coiisidcr  a  little  ;  I  am  not  so 
i-eady  at  it. 

L'C»  J.  Ay,  come  let  us  hear  it. 

Ros.  These  things  he  might  have  more  oo* 
'asioii  to  recollect  by  reason  ofmyjcharge. 

L.  C.  J.  You  say  right,  jnsl  occasion  for 
tl>is  purpose.  But  1  thought  these  men  that 
have  such  stupendous  memories  as  to  (ell  you 
th«y  remember  the  chapter  and  the  \erse,  and 
particular  words,  when  it  serves  a  turn,  might 
remember  something  before  or  alter,  at  least 
in  the  same  sermon.  Why  do  you  think  they 
were  enUffhtened  to  understand  and  r<'nu  mber 
that  one  day  more  than  any  other  ?  Tlicv  can 
8 


remember  particularly  as  to  sochthingK,  and 
can  clan  it  together  to  answer  such  particular 
questions  ;  but  as  to  any  tiling  before  oj:  after, 
they  are  not  prepared. 

Just,  lilthins.  Have  you  any  more  wit- 
nesses, Mr.  Rosewell  ? 

Ros.  Mr.  Crier,  pray  call  Mr.  John  Warkw. 
[Who  came  in.] 

J  ust .  Holloway,  Where  do  yon  dwell,  W  bar- 
.  ton?— ir/iar/oii.  At Rotherhitli. 

Just.  Hnllou-ay,  What  calling  are  you  of? 
W/utrti/H.  A  gardener. 

Riis.  Wei-e  you  at  the  meeting  the  14tb  of 
>  SeptcnilxT. — Wlutrton,  Yes,  I  was,  Sir. 
j  Hoi.  What  do  yon  remember,  pray,  of  the 
!  ex|K>aiuon  then  concerning  tlucking  of  the 
!  people  to  the  king  to  he  cured  of  the  king's 
:  evil  ? 

I      Wharton.    Sir,  I  do  remember  upon  your 
,  exposition  of  the  20th  of  CSencsis,  yqu  were 
j  s|ieakiug  concerning  Ahimelech  king  of  Gerar  ; 
and   you    took   3'our  exposition    thus,   that 
Ahimelech    had    taken    away    the    wife   of 
I  faithful  Abraliara,  that  1  do  remember  jery 
well ;  and  that  you  did  say  in  your  expositioii, 
that  the  prayers  of  tiie  prophet  were  preralent 
for  the  curing  of  the  king's  e\i\.    And  then 
you  brought  your  proof,  to  the  best  of  my  re- 
membrance, concerning  king  Jeroboam :  that 
JerolKMim  stretched  out  his  hand  againsl  the 

Erophet  of  the  Lord ,  and  that  the  king  cried,  lay 
old  of  him,  when  he  came  to  cry  against  the 
ahar  at  Bethel,  and  his  hand  dried  up ;  where- 
upon the  king  desired  the  prophet  to  prsj  to 
the  Lord  that  his  hand  might  be  restored ;  and 
he  did  so.  This  was  the  exposition  that  you 
I  madcu]Mm  that  verse  in  part. 

Roit.  Do  you  remember  any  thing  of  com- 
paring the  king  of  England  to  Jeroboam  ? 

W /tartan.  1  do  not  remember  any  anch 
passage. 

Mas.  Do  you  remember  anything  about  two 
wicked  kings? 

Whartvn.  I  do  remendter  this  passage,  cod« 
cerning  Jehoshajdiat,  that  he  had  fallen  twice 
into  the  simie  sin,  by  taking  part,  first,  with 
wicke<l  Aliab,  and  tfien  witli  his  wicked  sod 
Aha/jah. 

Rus.  Was  there  any  thing  of  the  kings  of 
England  mentioned  in  this  discourse  ? 

Warton.  No,  nothing.  Sir.  It  was  but  an  ac- 
cidental thing  that  1  h»;ard  you  then.  I  heard 
nothing  of  thi;  king  of  England  in  your  ex- 
position or  .<iermou,  but  only  in  your  praycra  ; 
when  you  prayctl  for  his  long  Lfe  and  happj 
reign.* 

X.  C.  J.  Did  yoti  ever  hear  him  before  that 
time? — W/uirtun.  Yes,  my  lord. 

L.  C.  J  Di<l  you  ever  hear  him  since  ? 

Wharton.   Yes,  once  since. 

L.  C.  J.  Now  let  us  know  his  text,  and  the 
sulyect  matter  he  was  upon  since. 

Wharton  Truly,  as  to  the  time  since  I  dkl 
not  take  much  account ;  for  I  did  not  write. 

L.  C.  J.  Canst  thou  tell  us  of  what  past  at 
any  time  before  ? 

'Wharton.  Once  before  I  heard  him  u|K>n  the 


«5j  STATE  TRIALS,  36  Chables  II.  l684.— /or  High  Treaam.  j  20(i 


or.  of  Genesis,  where  he  made  his  exposition 
—Truly,  I  have  not  any  notes 

I.C.  J.  Then  hark  you,  friend,  baie  you 
spoken  mth  any  body  since  that  14th  of  Sep- 
tember that  did  take  notes  ? 

Wharlon.  1  am  not  acquainted  much  with 
them  that  were  his  constant  hearers,  that  did 
t^e  notes. 

X.  C.  J.  But  answer  my  question  that  I  ask 
yoa  ;  did  you  erer  discourse  at  all  about  this 
matter,  and  with  whom  ? 

Wharton.  I  came  thither  by  myself,  1  say  ; 
I  had  not  much  acqaintance  with  them. 

JL  C.  J.  Nay,  do  not  pre?aricate,  friend, 
with  tiie  court,  but  speak  the  truth  out  plainly. 
I  ask  you  in  the  presence  of  Almighty  God, 
did  you  ever  speak  with  any  body  since  tlie 
14th  of  September  about  this  business  ? 

Wkartm.  Mr.  Ilndson  did  speak  with  me 
about  it. 

L,  C.  J.  Did  he  read  his  notes  to  you  ? 

Wharton.  Yes,  he  did. 

L.C.J.  It  is  a  Strang  thmg*,  truth  will  not 
come  unt  without  this  wu%-drawing.  You  can- 
not help  this  canting  for  your  life ;  this  is  cant- 
ing, if  ymi  would  know  what  csntinff  is.  Did 
ym  erer  speak  with  Hales,  or  Atkinson,  or 
tr  Smith  about  it. 

Wharton.  1  do  not  know  Atkinson  or  Hales, 
1  know  Mr.  Smith,  but  I  nerer  spoke  with  liim 
about  it ;  nor  he  with  me. 

JL  C.  /.  >Vhen  was  it  that  Hudson  and  you 
spokelngetber  of  this  thing  ? 

Wharton.  It  vras  last  Thursday. 

£.  C.  J.  Did  he  come  to  you,  or  you  to 
him? — Whmrton,  I  met  him. 

L.  C.  J.  Where  did  you  meet  hiro  ? 

Wharion.  At  Hotherhith. 

L.  C.  J.  Did  he  speak  to  you  of  it  first,  or 
you  to  him  ? — Wharton.  He  spoke  to  me. 

JL  C.  J.  Then  I  ask  you  (and  remember, 
though  yon  are  not  upon  your  oath,  yet  you 
veto  testify  the  truth,  as  if  you  were  upon 
voaroath)  did  he  mention  any  thing  of  Jero- 
vma?^Wharton.  Yes,  he  did. 

L  C.  J.  Of  Jehoshapliat?  anti  of  Abime- 
lech? 

Wharton.  Yes,  he  did. 

L  C.  J.  Did  you  mention  any  of  these  things 
10  him? 

Wharton*  Yes,  Sir,  I  repeated  nnore  then 
(Un  I  ha>e  done  now. 

Att.  Gen.  Was  your  meeting  accidental  or 


Wharton.  It  was  accidental  in  the  street ;  I 
^well  below  him  a  great  deal. 

Att.  Gen.  And  where  was  it? 

Wharton.  We  were  talking  in  the  street. 

Just.  Withins.  Did  not  you  go  into  some 
hoasr? 

Sd.  Gen.  Had  you  any  discourse  at  that 
^  of  being  present  at  the  trial  of  Mr.  Rose- 
"  €h  r 

Wharton,  Mo,  I  did  not  know  any  thing  of 
ittiU  I  nw  the  Subpoena. 

W.  Gen.  Before  vou  discoursed  with  l/uu 
^^  you  remember  all  these  things  ? 


Wharton.  Yes,  I  could  remember  them  aa 
well  as  he ;  and  a  great  deal  more  then. 

Alt.  Gen.  Then  cannot  you  remember  wliat 
was  done  the  next  day  ? 

Wharton.  No,  I  cannot. 

Att,  ixcn.  How  came  you  then  to  remember 
so  well  what  was  said  that  day  ? 

Wharton.  Bccaus^c  there  was  a  reukUikabU 
passage,  that  1  had  never  heard  before  ex* 
pounded.  I  had  not  staid  at  tliat  time,  but 
that  he  was  expounding  of  a  very  remai'kable 
thing,  which  1  had  never  heard  expounded  be* 
fore. 

L.  C.  J.  Have  you  any  more  witnesses,  Mr. 
Rosewell. 

Res.  I  have  some  witnesses  to  call  more,  if 
your  lordship  pleases,  to  testify  concerning  my 
life;  and  that  J  always  prayed  for  the  king, 
that  God  would  crown  him"  with  grace  here, 
and  glory  hereafter  ;  and  that  he  would  re* 
move  all  his  enemies  from  him. 

L.C.  J.  Ay,  Mr.  Rosewell,  first  remove  all 
his  friends  from  him ;  and  then  remove  his  evil 
counsellors. 

Hot.  Pray,  Crier,  call  Mr.  Charles  Arthur. 
[But  he  did  not  appear.] 

Just.  Withins.  Come,  it  seems,  be  is  not 
here,  call  another. 

Ros.  Call  Mr.  Tliomas  Jolliff.  [Whoap. 
pcared.] 

L.  C.  J.  What  ilo  you  call  this  man  to? 

Has.  My  lord,  this  person  I  call  to  testify 
with  iv?spect  to  my  conversation  and  carriage 
towanls  his  majesty  and  the  government.  * 

L.  C.  J.  What  is  yoiir  name,  Sir  ? 

Jolliff.  Thomas  JolKft'. 

Just.  Hoi.  Where  do  you  live.  Sir  ? 

JollifT.  In  Mary  3Iagdalen's  parish. 

i.  C.  J.  Why  not  St.  Mary  Magdalen's  ? 

llns.  He  is  my  neighbour,  my  lord. 

L.C.  J.  But,  I  suppose,  he  thinks  tliat 
would  have  made  the  name  so  much  the  longer ; 
or  else,  he  thinks  that  there  is  popery  in  calling 

it  80. 

Jolliff.  No,  my  lord,  1  have  called  it  a  hnn- 
dred  times,  and  a  hundred  times,  St.  Mary 
Magdalen. 

L.  C.  J.  Prithee  then  do  it  again,  it  will 
never  be  the  worse  for  thee,  I  dare  say.  Well, 
Mr.  Rosewell,  what  do  you  ask  him  ? 

lios.  Pray,  Sir,  will  you  testify  what 
you  know  of  my  conversation  towards  the  go- 
vernment, and  particulariy  towards  his  majesty  ? 

Jolliff.  My  lord,  in  the  time  of  indulgence  1 
have  heard  Mr.  Rosewell  once,  or  twice,  or 
niore ;  and  I  heard  liim  pray  for  the  king,  and 
the  peace  and  welfare  of  the  nation,  as  heartily 
as  ever  1  heard  aiiv  minister  in  England  in  my 
life.  / 

Ros.  Pray,  Sir, for  my  conversation;  Did 
you  ever  heiir  any  thing  of  my  disloyaJty  or 
disaffection  to  his  majesty,  or  the  government  ? 

Jolliff'.  No,  Sir,  1  never  heard  any  thioff  of 
any  disloyalty,  or  any  sucii  thing  in  my  Hie  ; 

*  See  Hnrdv'v  case  as  referred  to  in  the  note 
to  p.  197. 


QUI  If 

m 

mail 


I 


I 


but  ftll  the  parUh  will  g-ive  you  an  ac€ount^ 
that  you  have  bt^haved  joursetf*  as  an  lionesl 
lUAn ;  aurvil  I  [lever  knew  (lmt«  ettlier  iu  i^tiril 
or  deed,  you  were  necuaeil  of  iitiy  di^layaltj, 
Aod,  njy  lord,  it'  you  |>le.i^  Ui  j^ve  me  my 
oath,  1  ivill  swear  it ;  tor  it  is  tlie  same  thing 
to  me  to  te.stify  liere  iti  such  a  court  under  ao 
Oiit1f«  or  without  it;  fw  I  ought,  I  know^  to 
^  Itify  the  truth. 

Hos.  My  loril,  I  am  oonfident  lliut  what  he 
B  he  would  swear  :  and  he  is  a  very  hoticst 


L,  C.  /  Well,  Mr.  RoHe^vell.  if  you  have 
anymore  witiiesfteK,  call  them  ;  aod  make  what 
mnarks  upon  the  evideijee  you  pleoiic  afler* 
ward»»  tor  this  is  Dot  llie  time  tor  umkio^  re- 
marks. 

Rot.  1  humbly  thaukyour  lordship  for  your 
gr^tt  favour. 

L,  C.  J.  I  do  not  speak  it  to  cramp  you 
Id  your  time  ;  but  call  your  witnesses,  and  then 
make  whnt  ren^arks  you  will :  For  God  forbid 
we  should  hinder  you  from  taking  your  full 
time  ;  toi'  you  stand  here  for  your  Ufe. 

Rat.  U  Mr,  Winaacot  here  ?  [He  did  not 
»ppear.1  Then  pray  call  captain  Hichard 
Cottoo,  [But  he  didnot  apjicar.]  Cult  Mr, 
Thomas  Fipps.  [Then  capt.  Cotton  appearwl.] 

Rot.  Thus  prentleman,  my  lord,  hath  known 
me  for  severaTy ears.  Captain  Cotton,  1  pray 
Sifi  will  you  sneak  what  you  know  ot  my  coU' 
versalion  and  life,  and  loyalty,  i»1th  respect  to 
the  king  and  g-overnment  ? 

Cotton.  My  lord  and  gentlemen  of  the  jury, 
of  late  I  have  not  fre<[uented  I^fr.  iio«eweirs 
company,  or  his  cotip^egation  ;  but  when  the 
door  stood  oiiea>  without  opposii lion,  I  have  been 
tliere  ;  and  have  heard  him  pray  for  the  kin^ 
and  government  several  times  ;  and  bless  God» 
that  we  live«l  underso  peaceable  a  prince,  when 
all  our  neighbours  were  in  blood  and  war. 

Roi.  Pray,  Sir^  have  you  ever  heard,  that 
aither  in  word,  or  deed,  I  should  ever  declare 
tglklit  his  majesty  or  the  government  f 

Cotton.  No,  I  never  heard  any  siucU  thing 
in  my  lilc ;  but  what  I  heard  now  upon  this 
trial  up  and  do^ n  the  hall,  as  I  was  walking 
below , 

Just.  IViihim.  flow  long  ago  is  it,  that  you 
speak  of.  Mr.  Cotttm/ 

iJot!itn^  I  was  abroad  most  of  thptirae  at  sea ; 
but  this  was  three,  or  lour^  or  live  years  ago. 

Just,  Wifhm.  iVbai  lime  was  that  1-' 

Ct/tt&n.  It  was  in  thetiAie  ol'thc  indulgence. 

Just,  Withins.  Ay,  then,  it  may  be,  be  could 
speak  kindly  enough  of  the  government. 

Ros.  He  has  knowa  me  thessaten  years. 
Have  you  not,  Sir? 

Cotton.  Y'esj  I  believe  1  have*  ever  since  you 
came  thither.     [Then  Mr.  Fiupeieame  in,] 

Ros.  This  gentleman  has  known  me  sere- 
J*!  years,  have  you  not,  Sir  f 

tippt.  Ye»,  Sir, 

Rat.  Pray,  Sir,  will  you  give  my  lord  and 
the  court  an  account  what  you  know  of  roy 
life  and  conversatiou,  and  of  my  loyalty  or  dia- 

tnjf«!t V  tJi  th^  IriiMT  Ijy  tfOHOfiillftilflt  f 


F'tppi,  My  lord,  I  have  known  tbia 
man  divers  years.  He  lived  in  Wtllabirci,  _  „ 
there  he  ha  J  tlie  reputatKin  of  a  rery  Itooest 
man,  af^ood  )»cholar,  and  a  \m\\iK  man.  I  nearer 
heard  him  preach  in  my  liti  T  • 

go  to  conventicles;  butt  ht^ 
where  I  have  heard  hiui  priv  ; 

and  there  be  pr\i  yed  very  earno-  * 

and governiuent,  fort!   '  • " 

I  came  to  London  h» 
hds  been  herein  Lou^ 
has  bpcn  often  in  m  > 
tbf  late  tmjcs,  the  Btt  I 
bo<ly  did  take  liberty  to  say  what  li" 
of  the  king  and  goveiTiment ;    1    !•  i 

often  in  his  company,  and  heard  hiLii  &pt.ik 
with  a  great  deal  of  respect  of  tlie  king,  ami 
of  the  govenim«uit,  and  ihauk  God  for  the  h^ 
berty  he  did  cujoy,  and  the  protection  ho  bad 
from  the  govi^rnment  \  but  I  never  li  '  '  n 
speak  an  dl   word  of  the  governor  ^ 

life  ;  and  I  have  known  him  as  much  <^A  «AiM.ir) 
as  any  other  man  that  was  not  his  bearer  ;  he 
was  always  reputed  a  very  ingenioua  man, 
and  that  is  all  I  can  say*  1  never  heard  or 
knew  any  thing  of  ill  ot  him  inmv  lile. 

jRflf.  Pray  call  »lr,  Caleb  Veenng.  [Wlio 
came  in.l  Sir,  you  have  known  me  aerenl 
yt^rs.  Pray  be  pleased  to  te^iiiy  to  mj  lonl« 
and  the  court,  what  you  have  known  of  my 
conversation  ivith  respect  to  his  maje^y  aiid 
the  government. 

Vccting.  My  lord,  I  hare  known  Mr.  fiooo- 
well  these  several  years  ;  and  I  hare  bec»  in 
company  with  him  upon  the  oci  t  ■  rrccir* 
ing  money  on  account  of  rem  id  of 

mine  ;  and  likewise  have  bearil  M^.i  ^^'iHtetiy, 
when  he  preached  publicly  ;  and  never  tievd 
any  thing  from  him  that  reflected  u(>on  the  |r^> 
vemment,  or  shewed  any  disrespt'H  to  tlie  king. 
I  hare  beard  him  pray  often  very  hcariily  for 
the  king,  and  he  never  mctldltfd  with  any  pub- 
lic busintss,  nor  spoke  of  any  news  wluk  1  wia 
eonceroed  with  him, 

Ros*  l^y,  Sir,  did  you  ever  hear  of  any  ill 
I  should  speak  of  my  sovereign  ? 

Veering.  I  have  ficanJ  him  often  pray  for 
the  king  and  government  \  and  I  nevar  hemrd 
any  man  say  that  he  did  otherwise,  or  that  ever 
he  ftpoke  an  ill  word  conceroin*.*-  any  of  thofti* 

Rm.  Call  Mr,  John  lJiiLh<.<ock.  (Who  aum 
in.] — Sir,  you  area  gentleman  that  hti*^*'  t^t.^wT* 
me  lor  several  vearsi  \  pray,  will  ^ 
what  you  have  known  concerning  niL 
you  have  heard  or  known  any  ill  of  my  con- 
versation towards  the  king,  pray  speak  it  out« 
and  let  me  be  shamed  before  God^  and  lliii 
gpreat  assembly. 

Hitchcock,  I  have  known  him,  my 
several  yeai's,  and  have  heard  him  formerlj 
though  not  of  late  ;  and  when  I  heard  Vn^ 
he  used  constantly  to  pray  for  the  Ling  ai 
govenimenl  ;  I  never  knew  him  to  s{h  i«k  ai 
thing  against  the  king  and  gov  t)rnmctu  in 
life,  but  always  sp4>ke  very  w  orthily  of  tliei 

Kof,  Have  you  heard  me  oftou  pray  for  tli« 
king?  ^— 


i 


9D9j  '  STATE  TRIALS,  36  Charles  II.  l684.-/or  Nigh  Treaton. 

HHcA€Ock,     I  have  lo,  Sir,  a  great  many 


[210 


Ros.  How  long'  is  that  ago  ? 

Hitchcock.  Alwut  two  or  three  years  aj^, 
nv  h>n] :  and  I  never  knew  him  to  be  but  a 
fWT  worthy  gunth*man. 

Rm.  Vnkf  call  Mr.  Michael  Ilinmati. 
C^bo  caroc  in.]  Mv  lord,  here  is  another 
HEDtSetnan  that  hath  known  me  several  years, 
my,  Sir,  will  you  speak  what  you  know  of 
■y  cooTersatiun,  with  respect  to  his  majesty 
aid  Ibe  gvi\iTument  ? 

Himmun.  My  lorJ,  I  have  known  him  many 
jwi,  and  been  in  hjs  company  sr-vnal  times, 
Mincrer  ficanl  him  speak  any'thin*^  of  ill  rc- 
IHb^  to  tlic  king  or  government. 

Jm.  Pray,  8ir,  have  you  not  liecn  (upon 
use  occasions)  present  where  I  \m\v  prayed  ? 

Uiftman.  Yes,  Sir,  1  have  hcanl  yon  pray  ; 
■i  I  have  heard  you  pray  for  the  king  very 
bnitfly. 

Bm'  Have  vou  heard  of  any  evil  I  should 
otfKr  say  or  do  ?  Or  any  thin^  by  word  or 
ini  against  tlic  king  or  government  ? 

HinmaH.  No,  never  in  all  my  life,  one  way 


Mm.  Phiy  call  Mr.  Nicholas  Wanlcy.  [Who 
CHKiD.]  Sir,  you  bate  known  me  lor  these 
Wtn  years ;  pray  will  you  be  pleased  to 
ifaBtiie  triitli  of  what  you  know  of  my  con- 
hbmmb,  with  resfiect  to  the  king  and  govern* 

lUty.  My  lord,  I  have  known  the  pri- 
Mffttthe  bar  sc^veral  years ;  I  have  been 
ipfHMli  IB  Ills  coin p my  ;  and  never  heard 
titt^oltB  in  word  ;i^»mst  tlie  khig  or  go- 
VBOBril  it  my  lile  ;  but  have  ot)en  heard 
!■«■& dial  the  kiu£r  niigbt  live, and  have  a 
l^faidiiro»pen>iis  m^n  :  I  never  heanl  him 
■f  aedi  worci  ot  the  governnunt  in  my  life  ; 
k<«hny%  when  he  sftokc  of  it,  it  was  with 
difherrspeirt  that  anv  person  cnuld  do. 

Mm.  bid  y  ou  e\er  fiear  from  anv  utlicr  per- 
Mii  dinMTtly    or  inilirectly,  that  I  [iu\e  spoken 
Rieetively  upon  his  mnje^ty  ? 
WnUgy.  Never  in  my  lite,  my  lord. 
Mm.  One  w  ay  or  cither  ? 
Vfl«/f».  \o,  not  any  way  at  all. 
Mm.  rny,  call  ^Ir."  John  Stnuiff.      [Who 
jffttrcd.l  *   Sir,    you  arc  a  geiuleman   that 
IlKknowu  mt.'  iiianv  ^oarstiMi,  w  <>r  IJ  ycai«, 
tWiievc. — 6'-'r»'/f.e.  \es.  Sir.  \ 

.  Mm.  Praj,  wiii  \< 111  tell  my  loni,  and  the  i 
}qr,  w  bat  you  know  of  nu>  with  respect  to  i 
I^Mia^iuur  in  word  or  deed,  in  rtltriiicc  to  I 
JK Majesty,  nr  t hi' government  f  j 

Aroa^.'Sir,  I  hate  heard  you  teach  several 
iKsfonnc-ri^  ;    I  wris  not  at  this  time  indeed 
jh  wbirh  yoti   rkow  staml  accuseti)  at  tlipt 
jMk :    But*  I    never  heard  you  sjwal:  u  wdrd 
■B'iM'  hia  mujcoty,  or  the  government ;    liiu 
always  prayed  very  earnest! v  for  his  ma- 
r.     *        ' 
L  Did  you  ever  hear  tlu«t  I  sltfuild  iiay 
fcin^  iU'of  the  king  or  (>'o\L'rnuitMit '' 
rmig.  No,  never. 
Mm.  CaBMr.  Joho  Cutloe.    [Who  appear- 
TOuac 


ed.]  Sir,  you  have  known  me  too  very  many 
years:  What  do  \ou know,  pray,  concerning 
ray  behaviour  towards  his  majesty  and  the  go- 
vernment? 

CutfiK',  My  lord,  I  never  knew  him  sjKMik 
one  word  disrespectfully  of  the  government, 
or  the  king,  in  my  life  ;  though  I  have  known 
him  some  years. 

Rot.  Did  you  ever  he-ar  from  any  Ijod}*^  else, 
that  I  did  speak  ill  of  the  king  or  government 
directly  f»r  indirectly  i* 

Cutloe,  Mi»,  never  a  wonl,  I  assure  3'ou,  Sir. 

lio'i.  Have  you  been  where  you  have  heard 
me  iiray  tijr  his  mnjesly  ? 

Cut  he.  Yes,  Sir  ;  I  rememlier  at  Bristol 
once  occasionally  1  heard  you  in  the  time  of  li- 
berty :  otlii-rwi-ie  I  canitot  suy  I  have  heard 
you.  But  1  never  hc«Fil  any  thing  against  the 
government  *,  but  you  always  behaved  yourself 
loyally  and  |>eaceaLly  tint  1  know  of. 

lios.  Call  Mr.  Charles  Melsum.  [Who  ap- 
peared. J  My  lord,  1  call  this  gentleman,  who 
will  accpiaint  you  that  he  lived  with  me  many 

{rears  in  an  honourable  lamily,  a  pei-son  of  qua- 
ity  of  this  nation,  one  of  the  JIuu^erfbrdB^ 
where,  my  loni,  I  was  tutor  to  sir  Ldward^s 
son  for  near  seven  years ;  a  gentleman  well 
known  for  his  great  loyalty  to  the  king  and  go- 
vernment :  So  that  if  I  had  been  such  an 
enemy  to  the  kini^,  or  so  di8affecte<l  as  these 
people  would  make  me  to  be,  sure  he  would 
never  have  entertained  me.  Pray,  Mr.  Melsum» 
will  you  phrase  to  acquaint  my  lord,  and  the 
jury,  how  many  years  1  was  in  thatikniily  p 

MtfiunL  Seven  years  ;  and  I  was  above  14 
myself. 

Ras.  Pray,  what  do  you  know  of  my  car- 
ria^  in  that  honourable  family,  with  respect 
to  tlie  king  and  government  ? 

Melsum.  As  far  as  1  know,  for  my  Hie,  I 
will  declare.  I  do  not  remember  he  did  trouble 
himself,  or  meddle  or  make  with  any  man's  bu- 
siness but  his  own.  He  was  a  man  that  kept 
iiiurh  to  his  study  :  And  when  he  came*  up  to 
prayer,  heprajied  licartiiyibr  the  king;  and  had 
tiie  rfO(Ml  wonrorall  his  neighbours  tlicreabout. 

l\in.  Have  you  ollen  heard  me  pray  for  the 
kinir .' 

J/'  <•'/.'.   1  liive  heard  him  a  hundred  times 
pray  \<,\'  l!ie  kir^:^:  I  never  missed  pniyei'S  when 
I  J  wu  <i  at  huiuf;  and  it  was  his  constant  practice. 
i       L.  C.  .'.     Dill  Ik  ]>niy  in  the  lauiily  then  ? 

MiffUitt.   \ Cs",  h.rdid. 

L.  i\  J.   i)i«l  he  I'M-  iti  go  to  church  ? 

.'/i />■.•'••.  N  »*s, hi*  wont  t"  clniirh,  to  the  be- 
^iiir-iiiitr  ollh'^  prayMs  ;  he  did  Irequi'ntly  at- 
t**ud  d'vini"*«*T'.  !v«f. 

L.  (  .  J.  I»id  In  n.cei'.ctlic  sacrament  in  all 
ll>:»t  tJ|»ii.'  .' 

Mil.M't;.  Vrsj  I  hilio*.- ].u  diti  ;  I  cannot 
savit  dip  ciy. 

.h'fi..  1  \*  ;fs  u  vniv  \:\i\i  uttriidi  r  upon  the  pub- 
lic iiiinistr\ .  Itisnc)\v  Jmw  iid<»z«'ii  \  cars  ago; 
it  w;i«j  ill  tin-  yr:if  1»  t^.  my  Pud, and  so  doMii- 
wavd.  Sir,  yrMi  k:io\v  i  u:u;  a  coustr.lit  at' "i 
duntnpim  thV  ini.iiM  y  ot  the  church,  and  iii<^ 
worship  of  Cod  lli'.rv. 

P 


ill]      STATE TIUALS,  36  Cu arlrj  11.  l684 Trial vj T^ma  RdiiweU,      [8M 


I 
I 


I 


L 


Z.  C*  J,  Did  you  ever  hesir  him  umke  tuie 
o/lburoinmon-prH^er  liimseU'in  the  tiiuiily  ? 

McUuhk  I  caiiuot  hay  he  did. 
^X.  C\  J*     Well ;  bare  )ou  any  more  wit* 
I«R,  Kir  ? 

!<;^.  Ve5,  my  lor*U  Pray  c«U  Mr.  Hubert 
Medham.  [>V  ho  an|«etiTd.]  Hej  c  is  another 
e:«titleifiap,  M>y  lord,  tlittt  Uvecl  id  iliat  i'auiily. 
Vrsky^  Mr.  M^dham,  ho^v  lusg  did  yottlWeui 
that  hoDourahle  rainily  ? 

Mtdhum.  Abont  folii'  ye&rg. 

J^fJit,  Was  thut  iu  the  liiue  thai  I  wm  lb«re  ? 

Mtuihnm.  Yes,  it  ^vns* 

Jl^.  Pray  then,  Sir,  will  you  declare  what 
ycm  kuoivufmy  conversatiun  in  that  fiinilly 
with  ri'iJpcet  to  the  jiubhc  ? 

Ahitff  •  ^''  '  "'  '♦  -  !  jrrcal  while  ago ; 
but  lit  i«:  ldjdaKv»>8  keep. 

tn  thi '^j^ .....     .      r  uH  chaplain  to  my 

kdy  Jlung^tTtord  ;  and  always  prayed  for  the 
king  at  lMiI^  tituc  of  prayer, 
Y  Ji*'*.  Did  you  e\er  hear  that  I  should  speak 
Of  declare  any  thing  i&guinst  the  kfng'  or  go- 
▼emiTiont,  in  all  my  lite,  all  my  liaie,  oryuur 
lijlie  that  I  was  there  ? 

Mai  ham,  1  must  needs  say,  I  tie^er  did  hear 
auv  »«iich  thing  In  my  lifu» 

Jitsl.  Ihd,  But  ilVas  not  the  pray  era  of  the 
church  tlipt  be  used  ? 

Mcdhtnn.  J  cannot  say  that. 

L,  C.  X  Did  \  oil  ever  hear  him  use  tlie 
paversof  ihr"'-..-  t.  • 

Mcdhum.    I  r  thai  I  heard ^  was  lliot 

f?hichna«  um:  .  ,  lein  the  femily* 

L.  C.  J.  Btit  pmy  apeak  plain  ;  cFid  he  use 
the  c^mvoioii-piiiyer  f 

Alcdham,  5? o,  my  lord  ;  I  eaanot  say  he  used 
tht  cormnon  jn-aycr. 

X.  C  J.  1  tell  you  what  I  mean ;    Did   he 
out  of  the  book  of  the  Conuium^prayer? 
^edhmn.  >io»  my  lord,  J  •  '  that. 

C,J,  D*ist  t Iron  take  ht'  prayer 

''  ',  ers  urthe  churcn 

i/i*.  My  loifljj  he  does  not  know 
,f  believe  j  1  liehtMc  be  does  not 

Yes,  1  nscd  1o  attend  upon  the 
soiiid  iVIi%  r{03*ijw«ll. 

'  '!i«i.  ^Vdl,8ir,  have  you  any  more 

witnesses  f 

Roi.  Yes,  my  lord ;  pra)^  call  Mr«»  Atme 
Broadhurst.  ['fhen  Mr.  Wiunacott  appeared 
and  rtffered  hmiteJf*] 

WinnacoU.  >ly  lohl,  I  heurd  I  ^va^  ealkd  j 
•  ttd  am  come  as  soon  as  I  coubl  g'et  iu. 

Hoi.  Ay,  Mr  Winnacott,  you  have  known 
me  many  years  ;  I  desire  you  woid<l  testify 
what  you  know  concei'uiag'my  conversatioii 
fttid  behat'iotir. 

WtnmicolL  Formerly,  when  1  heard  him 
I  tir-ver  heaitl  him  apeak  a  wonl  a^ainiit  the 
kins.'-  *>r  •rrit*>rnment;  uid  it  %^  some  three  years 
a^  earj  him. 

'  •  you  heard  of  any  tvll  that  I  hiive 

i4iit  or  done  agfiiiiAt  the  kin^^  of  the  gavemmecitf 

Wtrmacott,  No  j  but  I  hafclt«U^  IlitfldWti 
pray  for  hia  majesty. 


4 


JuHt.  Wukmt.  Well,  there  la  your  Other  vrit 
ness  Anne  Broadhurt<t ;  what  aik  you  her  ? 

fifli.  2*Iy  lord,  this  was  a  servant  that  lif e< 
several  yejin#  in  my  fanulv*     Pray,  Nan» 
many  years  did  you  hve  tCere  ? 
Broadhunt.  Four  years,  my  lord. 
Kof.  Pray  declare  what  you  know  of  mctoi 
my  family,  lUth  respect  to  the  king  aitd  go- 
vern menu 

Broadhurst.  1  hare  generally  heard  you  twioi 
a- day  pray  in  yoor  family  ;  and  I  nerer  heard 
you  pray  in  my  life,  but  1  beard  you  pF*y  it 
eamaidy  for  the  king  as  you  did  lor  your  own 
souL  This  I  can  declare  during  the' time  that 
1  lived  there. 

Roi.  Did  jou  erer  hear  me  speak  evil  oftlie 
kiogf  in  my  family ;  or  reflectively  an  the  go- 
vernment f 

Brmdhttr$i.  No  :  you  always  prayed  for 
the  kini^  ^as  I  say)  as  earnestly  as  mr  yoursdf 
or  yf^ur  family, 

Rus.  If  you  know  any  ill  carriage  in  won! 
deed  towards  my  sovereign,   1  desire   you 
speak  it  out,  without  favour  or  afiectioDj  or  aoj 
respect  to  me  in  the  world, 

Broadhurit.  No,  I  never  did  ;  but  hM% 
often  heartl  you  heartily  pray  for  him* 

Jufkt.  Wit  him.  Pray,  how  lang  ago  is  ibli 
Brmdhuvit.    Two  years  ago  I   lived  wil 
him. 

Roi.  Pr4*Vi  tell  my   lord  again,  how  bog 
waii,  and  when  that  you  lived  thei'e. 

Broad hur%t.  I  lived  there  four  years  ;  and 
is  two  years  ago  since* 

Just',  Wit  hint.  Pray,  how  often  were  you 
church  in  that  time? 

Broadtiurst,  When  1  had  occasion  to  go, 
did  go  ;  but  1  did  usually  hear  my  masti 
when  1  dwelt  with  htm. 

JuiSi.  IFithint,  Well,  who  is  your  nevt  wit 
II ess  ? 

H OS.  Cal I  An ne  Mati ni ng .    [Who  c&me  ti 
Vou  lived  with  me  in  my  faauly  i»evertt1  yeari 
Mnnnitig.  Three  years,  ?Sif, 
Ron.  Pray^  will  \^\i  dt^clare  what  ytni  k^,. 
of  m y  cji  r riage  and  beh a v  io  ur  t o v>  a  rf U  ih e  ki\ 
andgofciuuieat,  iamy  faniily,  whileyoutf 
thei  e  f 

Maffhi/i^^.  My  lord,  he  prayed  for  the  kill] 
for  his  looj;  liftj,  in  his  family   duties,  monif 
atide\  Oiling  ;    and  iu   [uifate,  when  nc' 
lieard  hiia  but  my^lf. 

L.  C,  J.  \\\m%  I  you  and  he  were  at  c» 
i(»y:elher  ? 

Ahtnnif^g.  My  lord,  I  have  gone  by 
stud  V -dnnr,  iuid  iittve  heard  him  pray  for 
kiiij^\  lonu*"  lifi%  when  he  knew  not  thai 
body  heaifi  luui, 

Roi,  This,  my  lord,  is  more  than  1  esrncctedi 
ibr  I  litllelhoiiL'^  *  *1  *  uiy  body  could  give 
a  testimony  ol  -  devotion;  ilmugti  I 

never  then  on  a,.. ,  ..ly  for  the  kiug,  and 

never  shall  as  long  as  1  live. 

Alonning*    My  lord,  he  prayed  as 
for  the  kind's  life  as  for  bis  own  soul ;  and 

have  heard  him  ofUn  prayittgi  *md  d< 

Cod  to  preserre  him  in  his  kiogdomi  Itttd  gi^ 


STATE  TfUAIil,  36Charlbs1I.  l6u.—/or  High  IntMA. 

tve  buutl  bun  iosisl  ii(K>n 

k  not  eiil  of  the  kiosfi  "Oi 

tin  ir;  for  tli«  birds  of  the 

Roi,    Pray  spuak  the  trntli.     Dirt   you  ever 
he«r  me  utter  an  ill  word  or  reflection  upon^iis 
msuesty  or  ibe  ^t>Teriiineut  ? 
i^rnHg.    No,    tuy  lurdi  be    was  always 
ily  for  the  kixig. 

8p€ak  the  truth  of  what  you  know  ; 

I  you  would  speak  the  trul1i,aod  nothing 

i  the  truth,  as  if  you  wett  ujioii  your 


AfyniifTtg,  I  do  speak  the  truth,  and    it  ia 
^1  can  declare,  nui  would,   if  I  were  to 
ft  next  moment ;  and  1  vttn  safely  sMxar 


^It  w^anaolJeiit  aodcommofdy  received 
f,  [8t,  TriaW  1.  |nLS»ilui.]    (derived  from 
■  law,  riTid  wUlcU  also  to  this  ihy  obtains 
-^f  France)  [Douuit,  pidd.  law. 
a-  8p.  L.  b.  29.  c.  2.]  that,  as 
~  J  J I M.^  t'd  to  any  nristtn e r  uce used 

I      a  neither  siiould  hebciiur- 
'  !    lesljuiuny  of 
jBby  »^  deserves  to  be 

HiFcrrtiu,  nj  ijir  innuMi  ni   Mary  1,  (ivhose 
mente^  till  Ler  marriage  \vith  Pbiliti 
,  s«?em  to  have  been  liumane  ami  ge- 
laa)   [S*!e  pag.    17]    that  when  dio  ap- 
iiA  Sir   tUcbard   'VIli'^hh   rhi-  f  justice   of 
n   pleas,  no,   *  ti»U 

tiidui^^lhf  I  "i   *hd  uot 

vriiuess  to  s^itak,   oi   any  other 
ta  be  heard,  iafavoitr  ofthe  adversair)', 
J  part}' ;    her   [iii^hMi*:ii5's 
1 3  atM»e  V  er  could  \m  hrou ^  h  t 
ui  liie  suljject  should  be  admitted  to 
:    and  morcofer,  thai  the  justices 
suadf  ibernM-lvestosit  ipjudg^- 
for  her  hi^huesii  than  liir  her 


taijy 


LiiulUn^h.  11 1-2.  St  Tr.  L  or>7.] 
dsi  in  one  partieulur  iiistanee   (when 
the  (jut'Cirs  loilifury   sUiies    \%us 
by  statute  Si   E!i/.  e.  4,)   it  was 
at  any  person,  imijeached  ibr  such 
'  shm\hi  be  received   and  udrntUi  rl    to 
any  Uwful  proof  that  be  could,  by  law- 
jiness  or  oUicr\viie,for  Itis  discharg^e  and 
?»nd  in  g-ijocnd  the  courts  grew  so 
>  d  of  u  dt>etj'ine  ao  uureason««lde 
Hid  i^  that  a  piactice  was  gradually 

tfitroduLLil  of  txaiatniii«^  wiiuesses  for  the  pri- 
T,  but  not  upon  i»3Hh  :  ['J  Huliilr,  147,  <_'ro. 
'\  tV  jiieuce  of  wbicb  still  was, 

ar  >  credit  to  the  prihoner'ti 

[TfMhiced   by  the  croivn. 
x\  III    7i>.l  protest*   very 

i\i  luitirnl  practice:   de- 
dwii;.  ^  ul  .11     iny  act  of  par* 

Eaini  i  .  nrru,   iliatin  cnmiDal 

flieH  accused  »houhl  not  have  wit^ 

MMi^'  I  him  ;  and  therefore  there  waa 

tnlao  uiiuit  iii>Mcin[ilia  jurU  against  it.  [8ec 
ik>  ^  Ual.  p.  C.  2ti3.  and  hbsutumarj^  204.] 
IftdlJac  liau;se  uf  Comtiiouit  were  uu  sensible 


Rai,  Then  pray^  call  Isabella  Dicke^on — 
[Who  appeared.]*  My  Lord,  surely  I  would 
uot  speak  evil  of  his  majesty  or  the  goviTument, 
m  public  in  tb*'  rnii<rr»'».4U(»nt  when  1  prayed 
for  him  in  my  I  I  my  closet.    But  here 

is  another  sers  lived  in   my   famil}*  i 

Pray  wHl  vou  speak  wliat  yon  know  concern- 
in^  my  behaviour  ill  my  family,  with  respect 
to  the  king  and  goverumcDt. 

Dickt'Jitm.  He  usefl  to  pray  twice  a-flay  itk 
his  family,  morning'  and  evenings,  and  he  always 

tkrajed  earnestly  for  the  kioi^,  for  his  good 
tesitih,  lont^  life,  and  prosperity. 

HiKi.  Did  you  efcr  hear  Tue^peak  any  «vil 
fif  the  king  or  i^overiuuent  in  any  respect  ? 

Vkkcson.  No,  never.  Sir,  in  my  life ;  nor 
do  I  t>elieYe  you  ever  bad  an  evil'  thought  of 
thekintr, 

Ros.  Pray  then  will  you  call  Mr.  James 
.ilkinsou. 

Just.  THMiW.    We  have  bad  him  alreaflyj  ^ 
and  I  stH>|K>*je  he  is  gone ;  he  is  not  here. 

Rm,  I  callhinmow  iotetttity  auotber  thin^ 
if  your  loidT^hip  pleases;  and  be  is  at  hand 
my  lord,  1  suppose. 

L.  C*  X  You  should  examiueyour  witnesset 
to^^^elher,  but  we  will  not  surprisje  )  ou  ;  we  will 
stair. 

Just,  Hof.  Pray  call  any  body  else,  m  the 
mean  lime,  if  you' have  any  other. 

L.  C.  J.  ?iay,  brother,  it  may  be  he  Itath 
obst ned  a  method  to  himself*  he  is  lor  bii 
lite  ;  let  him  take  it.  [Then  Mr.  Atkinson 
came  in.] 

jRos.  That  which  I  call  you  now  for.  Sir,  is 
to  testify  what  you  heard  lipon  Ihe  30th  of  Ja* 
nuarj'  from   me,  about  praying  for  the  ktngf  ' 
and  all  that  are  in  authority, 

Atkin&m.  My  loitl,  he  kept  that  day.  I  be 
30th   of  January,  os   a  day   of   failing  and 

ol'  this  absurdity,  that  in  the  bill  for  abolishing 
hostilities  between  England  andScotJand,  [Htat, 
4.  Jae.  l,c,  I,]  when  felonies  couirajtted  by 
Englishmen  in  Scotland  were  ordered  to  be 
tiicfl  in  one  of  the  three  northern  counties, 
tbty  insisted  on  a  clause,  and  carried  it  [Corn. 
Journ.  1,  5,19,13,15,  U9,  SO  Jms.  1607.) 
again!»t  the  eflorts  of  both  the  crown  and  the 
House  of  l^rds,  against  the  practice  of  the 
courts  in  Etigland,  and  the  cypress  law  oi'Scot* 
hitid,  [Ibid,  4,  Jun.  ir»07.]  *  that  in  all  such 
'  trials  lor  the  better  discovery  of  tlie  truth,  and 

*  the  tietter  ii»h>rm»lion  ol'  the  conscience  si  of 

*  the  jury  and  justices,  thire  shwll    bf  idloweil 

*  to  the  parly   arniigneil  the    l>enefit  of  such 

*  credible  wiinesfccs,  to  lie  examinrd  upon  Oatlt, 

*  as  can  be  pt  oduced   for  his  clennJig  and  ju&- 

*  titicalion,'  At  length  by  the  statute  7.  W.  3* 
V,  ii.  the  same  metisure  of  justice  "as  cs^ta- 
hlisheil  throughout  all  the  realm,  in  casfs  of 
treason  within  the  aL't ;  and  it  i^as  aJlerwards 
declartnt  by  statute  t  Ann.  si,  2,  c.  9.  ihiit  in 
;ilIcHses  of  treason  and  felony,  all  Wiine»sej«  for 
the  prisoner  should  be  examined  upon  onih,  in 
like  maimer  us  the  witaeSMi  again &t  hlui.^' 
4  Blaekst.  359. 


I 


t 


I 


I 


215]     STATE  TRIALS,  36  Charles  II. 

pravcr ;  and  he  preac'lied  from  that  text  on  the 
1  l^iin.  ii.  1.  pray  for  kings,  and  all  in  au- 
thurity :  And  tnen  he  did  assert  iImiI  kingly  go- 
vernment was  most  a^ceable  to  the  word  of 
God,  and  the  constitution  of  the  government 
of  England,  which  was  the  best  in  the  whole 
world ;  and  had  lieen  so  approved  by  writc^rs, 
Imth  foreign  and  of  our  own  country  :  And  he 
did  urge  it  as  a  duty  incumbent  upon  all  people 
to  pray  for  the  king  aud  magistrates,  that  they 
might  *  hvc  a  peaceable  and  quiet  lite  imder 
them  in  all  godlluesk  and  honesty.'  [Then  he 
seemed  a  little  faint  and  stopiiecf  3 

Rat.  Pray,  Sir,  will  you  recollect  youraelf  ? 
My  lord  will  indulge  you  a  little. 

Atkinson.  1  have  been  acquainted  with  Mr. 
Rosewell  these  ten  years. 

Rog,  But,  pray,  Sir,  what  d»  you  remember 
of  the  application  of  that  sermon  upon  the  text, 
about  prayinof  tur  kings  and  uil  in  authority  P 

AthinMm.  That  persons  were  to  pray  for 
them,  and  to  olH;y  them,  and  that  it  was  their 
duty.     Tills  is  all  that  1  can  remember. 

J\(H*'.  ^\  h.U  d<.'  y..i  ic'!n«»!a1»cr  of  my  in- 
vectives iigaiii^t  lIiuNc*  tli.f  irarliscd  the  con- 
trary ? 

Atkinson.  "Why  truly  us  to  th»»...c  liiiii^x,  he 
did  highly  condouui  those  pcrscui^  ihut  hiid  any 
ivav  actcil  again.st  it.  And  f  hrtve  l;p::rd  Iiini, 
iMitli  in  public  and  privale,  inveigh  against  those 
that  liuil  any  hand  in  the  murder  of  the  late 
kin^,  and  condemned  the  fact  as  a  diabolical 
design. 

Ko.;,  Is3Ir.Smitlithcici? 

Afkhtson.  f  was  very  ill  <iti  Sabbath-day  last, 
and  I  tliouq;hi  I  should  nothawroinroutunw  ; 
and  I  would  not,  to  th«  best,  of  my  reixicm- 
brancr,  speak  a  lie,  us  I  am  in  the  pn'sonce 
of  this  hoiifiiindile  court,  and  in  the  presence 
of  God,  touhoni  1  must  give  an  account  ano- 
ther day. 

Ros,  Go<l  will  reward  you  for  what  you 
come  to  do  f»r  an  innocmt  ])< -rson  this  day. 

Atkinson.  1  never  licaid  an  ill  word  a:;*iiinst 
the  king  or  governmeut  drop  from  Mr.  Jtose- 
wellinmy  hie.  I  am  not  upon  niy  oath,  but 
know  myself  to  be  bound  to  dr  cjurc  and  tell  the 
truth,  and  nothing  hut  the  truth. 

Ros.  lam  conhdent,  my  lurd,  he  would  not 
speak  what  he  would  not  svvcur. 

L.  C.  J,  The  jury  are  judge.-*  of  that,  31r. 
Rosewell,  1  must  leave  it to'them. 

Roi.  Pray,  Mr.  Atkin.>un,  was  3Ir.  Smith 
with  you  ?  ' 

Atkinson.  Yes,  and  I  have  scnl  one  to  cull 
him. 

Ros.  Pray,  Sir,  let  measky«»u  as  to  what 
MistrcfiS  Smith  ^.1vs,  that  I  should  soy  of  the 
recorder  being  muile  a  j  ui Ige  ".' 

Atkinson.  1  never  heard  youspcuk  any  such 
wonls  in  my  life. 

Rot.  V[Mi\  the  last  day  of  August  last,  at 
Mr.  Shed's  house,  she  says,  that  1  did  use 
that  expre^ision. 

Atkinson.  As  to  Shed's  house,  I  was  then 
sick,  and  was  not  there.  If  my  lord  will  giv  e 
Bie  leave  to  look  upon  my  note-book,  I  can 
tell  what  day  1  was  there. 


1634.— TriV/  of  Tkmas  Rcmeell,     [il6 

Smith.  It  was  at  one  l)anie1  Weldy's  bouse, 
as  I  think,  that  you  spoke  about  the  mayor, 
and  the  sheriflii ;  but  what  you  said  about  fbolf 
in  scarlet  gowns  was  at  Shed*s  house. 

Ros.  Was  there  any  meeting  at  the  meet- 
ing-house, since  July  last,  upon  the  Sabbath- 
day  ? 

Atkinson.  Truly,  I  lie  not  able  to  it^member ; 
but  if  my  lord  please  to  give  me  leave  to  looL 
upon  my  note- book,  I  can  give  an  account; 
for  1  writ  down  every  day  the  place  where  we 
met. 

L.  C.  J.  Prithee,  look  upon  thy  note-book  ; 
for  I  have  a  mind  to  know  something  ont  of 
tbat  note- book.  Prithee  tell  me  what  w  as  in- 
sisted upon  the  14th  of  September? 

Atkinson.  My  lord,  I  only  have  a  note  of  the 
day,  of  the  place,  and  of  the  text. 

Ros.  Pray,  Sir,  did  you  hear  me  speak  of  n 
great  man  in  Grace-church-sti*cet  at  the  upper 
end  ;  and  that  if  it  had  not  l>ecn  for  him,  the* 
fire  hail  been  qucncliird  ? 

Atkinson.  I  never  heard  that  expression  froni 
you  in  all  my  life.  [Then  31  r.  Smith  cams 
m.l 

nos.  Pray,  did  you  hear  any  such  thing;,' 
Mr.  Smith  :' — Smith.  No,  my  lord. 

Ros.  My  lurd,  1  can  bring  all  the  rest  to  tes- 
titv  the  siime  thing,  if  your  lordship  viill  let  me 
call  them  ovt  again. 

L.  C.  J.  Do  as  you  will,  I  would  not  restrain 
you  from  any  thnig  of  a  legal  indulgcneeji 
that  is  fit  to  give  to  any -man  in  youroon- 
dition. 

Atkinson.  What  day  of  the  month  dojott 
say  it  was.  Sir,  that  you  spake  of  the  recormr  ? 

Rm.  The  :>lst  of  August,  1  think. 

AlUnaon.  At  that  time  I  was  sick,  and  irift 
not  there. 

Ro$.  Pray,  3Ir.  Smith,  have  you  ever  heai4 
me  priMcIi  upon  tlit*  30th  of  January  P 

Smifh.  Yes,  Sir  ;  I  have  heard  yon  upoo 
that  day,  and  upon  that  text,  that  we  should 
pray  fur  kings  and  all  in  authority.  You  kepi 
it  as  a  day  ot  uuuiiiiatiou,  and  you  abhorred  tiM 
r.ction  of  that  day.  It  was  kept  very  solemnly, 
tor  the  bewailing  the  horrid  murder  of  our  tale 
king.  And  you  were  so  far  from  giving  any 
Luuntenance  to  the  action  of  that  day ,  tbat  joa. 
detested  it,  and  preached  very  much  affauHt 
it,  and  you  have  always  preached  up  kingly  go* 
vemmeut. 

Atkinson.  Sir,  you  were  asking  me,  if  there ' 
were  a  meeting  since  July,  in  the  mcetiug- 
h'Uise  '.* 

Uns.  Yes,  l)ocaur:c  she  says  there  was  on0 
npnn  the  lOlh  of  September. 

L.  C  J.  h'  youlouk  uiMin  your  notes  agaiBi 
Mr.  Uusi: well, 'you  will  fmd  it  was  the  Idth  af 
.August. 

Ros.  Where  were  you  upon  the  lOtli  of 
August? 

Atkinson.  I  was  at  homesick  then;  itiii, 
written  down,  your  lordship  may  sec  it. 

L.  C.  J.  Do  you  take  notice  where  jotV 
heard  the  meeting  was,  when  you  were  sirJtf' .-• 

Atkinson.  Yes,  my  lord,  I  have  a  short  timt 
of  it. 


STATE  TRIALS,  36  Charlus  !I.  l6S4.-*/or  High  Treasm.  [US 

Hecorder.    Not  a  penny  that  I  know  of,  or  i 

Any  a^croent  for  it  * 

Has.  Pray,  8tr,  will  you  acquaint  the  courts  j 


i  C,  X  Wbcre  wag  ihe  meeting  then  ? 
f^itA?:!.  In  ihe  tnc^i        ^    tr;e,  aa  I  heard, 
.  a  X  P^y,  recti!  .  If;  and  look 

I  your  book,  h"*v  '^  , ,.  ,1  there  ? 
ikinton.    Mv^'                ^  *be  lOlh  of  Aug, 

2' J     VVh'ta        -i:„.Li  take  that  note, 
your  word,  now  t 

inmn.    When  my  family  came  home, 
o<ly  did  tell  me  that  day,  or  the  next  day, 
i;.  J,  Well,  wJicre  was  u  the  time  before"  ? 
kuuon.  The  3d  of  Aug^ust^  at  Mr.  Crook- 
'a ;  the  text  was  the  Heb.  xith  7>     The 
the  racetinff- house,  myself  at  home  ; 
tldca  the  8Ui  and  13th. 
My  lord,  these  gentlewomen  say,  they 
seTeral  meeting*.      I  desire,  my  lord. 
Be  witnesses  may  be  called. 
C.  J.  Call  whom  you  will.     Who  do  you 
I  fint  f 

,  Tliomas  How,  My  lord,  I  conW  brings 
pJb  of  witnesses  as  tv  this  point. 
C.  /.  Well,  there  is  Thoiiuis  How  ;  to 
t  purpose  do  you  call  him  ? 
f-  Bly  lord,  to  te!stfty  to  that  she  should 
■  bcfcTtv  sir  George  Treby,  that  Mr,  How 
\  at  a  contenticle  such  a  time,  when  he  was 
Mil  Bod  tlipnrfnre  I  desire  him,  thnt  he  would 
flhaUr  t  lit  truth  of  that  matter. 

lina  i  will  testify  the  truth  a3  lar 

[kiiaw  jr  ;   biit-  ypnt  thrtieteU' ■ 

t\  /    How  do  voii  know  tkat  ? 
r.  So  they  %',m, 
.C*  J*    Thiit  is  no  evidence  ;    and  I  lare 
rliat  tl»ey  said  :    If  you  know   any   thing 
'T«l  y*»ir  own  kuowiedge,  speak  it. 

,_.  11l^  offered 

.CI/-  1  tell  you  their oflering  signifies 

Iw.  My  lord,  it  is  an  year  and  a  linlf  a^, 

* *^^''  ^*  '*  ^  never  so  long  ago»  if  it 

I  they  Httid,  it  signifies  nothing,  H 

^  etrideuce  ;    but  if  you  can  say 

ir  own  knowledge,  you  say 

tiie  we  will  hear  it. 

'    some  questions  1  desire 
«  to  Mr   Recorder. 
J  *  ..  fifder  be  really  to  answer 
Eh  all  my  heart. 
n  *f*  r,  1    ile&ire    you   would 
nee  to  testify,  whei her 
B13  teeming  >!rs.  Baihoe  ? 

ICJ,  Who  IS  she? 

My  lordf  it  is  whether  there  was  not  a 
"cle  »wom  before  Mr.  Reconler  against 
'athoe :' 

^1  cannot  well  tell,  Mr,  Rosewell. 

on>irtion  before  me  (;*s  I  remera- 

r  r.iif  ^^        1^  !nfce  for  a  eonvenlicle  j 

i  I  •  witneJs  told  you  just 

t  ijud  IT  [1  oiii  iic'f  own  conffssjon* 

Oo  you  l<now  any  thing,  pray,  8ir,  of 

ntiun  that  was  made  upon  that  cod- 

r.   No,  Sir  ;  ynn  do  not  think,  snre, 

I I  stake  compoaitiona,  or  know  any  thing 
h«io? 

%9.  Was  Of  I  the  mc^tjeyy^ir,  patd  back 


bow  that  matter  was  really  ? 

Recorder,   ^\t%,  Bathoe  came  to  me,  and  ^ 
said,  she  was  mistaken  if  any  f^uch  worda  did 
pass  from  her  ;  for  indeed  there  was  never  any  \ 
such  conrenticle  as  Mrs?,  Smith  swore  aha  had  < 
confessed.      Upon  that  I  sent  for  3Irs.  Smithy  , 
and  bid  her  consider  of  it,  whether  there  1 
really  any  sucli  conxenticlc  ;  and  Mrs.  Bathoe 
had  brouffbt   her  appeal  and  it  is  dependini^  ^ 
now,  and  will   be  beard    the  n«Btt  (][uarter« 
sessions, 

Ros.  Prav,  Sir,  did  you  tell  her,  that  sbo 
misiit  have  Ker  money  again  ? 

Recorder,  I  did  tell  lier,  Mr9,  Smith  wa»' 
mistaken,  and  did  not  insist  upon  if,  and  she 
would  have  her  money  returned  again. 

Ros.  Pray,  8ir,  did  you  send  yotir  warrant  4 
foroneCartivriffht  imder  your  band  ? 

Recorder.  Yon  ask  me  a  hard  q\iestion  ;  I 
might  send  a  summons  for  several  pereonS|  t  i 
cannot  remember  all  their  names. 

Ktyii.  By  whom,  I  prav>8ir  ? 

Recorder,  i  catiiKii  leU  who  1  sead  all  my  ^ 
suramotis  by. 

Roi.  Was  ft  not  by  these  two  women,  Mrt. 
Smith  and  Mrs.  Hilton  * 

Recorder,  I  cannot  tell ;  it  may  ho  it  might 
be  so. 

Ros.  Pray,  Sir,  what  did  you  say  to  Mr- 
Cartwright  When  he  came  thither  P 

Recorder.  I  cannot  rcmc?mhfr  pnilLCularYv* 

Ros,  Sir, did  you  not  ask  him  whathefiail 
to  !^ay  against  ihe«e  wHoessei  that  are  produced 
against  me  ? 

Recorder.  My  lordVl  remember,  when  Mr^ 
Cartwngitt  carue  to  me,  I  did  ask  him  socot 
such  question  ;  for  they  had  told  me  that  liev 
had,  by  a  person,  been  tampering  with  thetn 
to  take  them  off  from  prosecuting  a  great  niaogr 
persont. 

Ros.  By  whom  were  you  told  so,  Sir  ? 

Recorder.  By  ihemaelTes.  I  know  nothing 
of  it :  But  I  tell  you  the  reason  why  1  sent  for 
him  i  because  tliey  told  me,  ihcv  went  in  dan- 
ger of  their  lives  ;  that  they  could  not  walk  the 
streets  in  satcty,  hut  they  hatl  stones  thrown  at 
ilipm  ;  and  they  were  ri^vo.'iched  qs  common 
inlbrmcrs,  and  Were  beset  hard  with  applica- 
ti  on  $  of  money,  to  tiike  them  off  from  prose- 
cuting. And,  among  the  rest,  ihey  conuilaioeil 
of  one  Cartwright,  that  he  had  been  dealing 
with  them ;  and  it  was  upoo  ihat  acr^ount  that 
1  sent  for  him,  to  know  what  be  bad  to  say  i 
against  them. 

X,  C.J>  These  questions,  Mr.  Roae well,  pet-  ' 
haps,  may  Ik?  bviter  let  alone. 

Recorder,  I  have  aeen  a  letter  that  dots 
ihreiiten  them  very  much  ;  but  1  cannot  say 
whence  it  comes. 

Rm.  My  lord,  1  desire  to  ask  Mr.  Recorder^ 
whether  or  no  he  did  not  send  lor  some  of  my  . 
wiiuesses  ? 

Recordc  r.  I  do  not  know  your  witnesses,  S&*, 

Roi.  Did  you  send  for  oot  Riihard  Oibha  of 
Rotherbitb  ?' 


Slff]     STATE  TRIALS.  36  Chabibs  II.  i6H4,^Trial  of  Itawm  Bnn 

fetsed  in  truth  they  were  not; 
[dications  to  compound  for  the  foi 
they  should  have  their  money  agi 

L,  C.  J.  Prithe^i  ask  him  in  g 
does  he  kuow  of  her  ? 

Harvey.  Elizabeth  Smith  cam 
of  mine  m  April  or  May  last 

Alt.  Gen.  Were  you  by  ? 

Harvy.  Yes,  I  was  by.  Sh 
friend  pf  mine,  I  say,  and  she  t 
she  could  swear  against  him,  and 
for  a  oonsiderabte  value  of  for 
conventicles — 

Z.  C.  J.  What  friend  of  thine 

Att.  Gen,  Where  does  that  fri< 

Hai-vey.  In  Southwark. 

L.  C.  J.  What  is  his  name  ? 

Harvey,  One  Games. 

L,C.J.  What  trade  is  he  P 
A  sail-maker. 
Whereabouts  does  he 


Recorder.  Yes,  he  was  eonitable  at  Rother- 
hith. 

Ras.  Pray,  Sir,  upon  what  account  did  you 
tend  for  him  ? 

Recorder,  I  did  it,  because  I  heard  the  con* 
atables  of  your  nde  durst  notexecute  their  war- 
ffants,  for  lear  of  the  rout  of  the  people. 

L.  C.  /.  I  tell  you,  these  questions  were  bet- 
ter let  alone. 

Rot.  Mr.  How,  that  which  I  call  you  for,  is 
whether  Mrs.  Smith  has  not  offered  to  swear 
before  a  justice,  that  you  were  at  a  oonventide 
when  you  were  not  ? 

L,  C.  J.  She  says  she  does  not  know  any 
thine  of  her  own  knowledge. 

Roi,  She  cMlTered  it  a  year  and  a  quarter  ago, 
before  sir  George  Trebv. 

L,  C.  J.  Were  you  by  when  she  offered  any 
sochthiiM^? 

Ho»,  fwas  by,  when  she  was  before  sir 
George  Treby ;  and  she  went  into  a  yard,  and 
offer^to  inform  against  one  Mr.  How  for 
being  at  such  a  conventicle ;  but  1  was  not  the 
man,  she  said. 

Rjos.  My  lord,  she  had  sworn  it. 

X.  C.  J.  No,  no,  she  had  not  sworn  it,  slie 
only  offered  it,  and  for  aught  I  perceive,  she 
is  a  very  careful  witness,  to  see  that  she  does 
not  fix  upon  the  wrong  person. 

Ro8.  Then  if  it  please  your  lordship,  I  de- 
sire John  Townsend  may  be  called.  £Who 
came  in.]  Pray,  will  you  testify  what 
you  know  concerning  Mrs.  Smith's  swearing 
ihat  Mr.  How  was  at  a  conventicle  f 

Tuwnsend,  Sir,  1  will  tell  the  truth  as  near 
as  I  can  ;  I  cannot  tell  the  day,  it  was  about  a 
year  and  a  half  since,  that  he  was  out  of  town 
of  the  lx>rd's  day,  and  that  day  was  remark  - 
able,  for  I  met  him  coming  to  town,  and  it  was 
about  the  ereuing,  about  nve  of  the  clock,  and 
that  day  they  hi^  brought  him  some  notice  of 
«  warrant  for  the  seizing  of  his  goods,  for  that 
he  had  been  at  meeting:  Now  he,  understand- 
ing when  they  were  to  make  affidavit  of  it  be- 
fore sir  George  Treby,  he  desired  me  to  ^o 
with  him  thither,  and  I  went  with  him,  and  he 
asked  her  if  she  knew  the  man.  There  he  was, 
and  I  was,  and  one  more,  and  there  came  one 
Stranger :  And  we  went  out  to  the  light,  and 
ahe  looked  upon  all  of  us,  and  knew  never  an 
one  of  us. 

X.  C.  /.  You  use  to  go  to  conventicles,  all  of 
you,  1  warrant  you  f 

Just.  Wit  hint.  She  was  not  much  out  in  her 
conjecture,  I  dare  say. 

X.  C.  J.  But  she  seems  to  be  very  careful, 
that  she  did  not  swear  against  the  wrong  fier- 
•00.  And  (speaking  to  Mr.  Townsend),  If  she 
had  sworn  that  thou  hadst  been  there  that  day, 
I  warrant  you  she  had  sworn  true. 

Rot,  Is  sir  George  Treby  here  ?  [He  did 
not  appear.]  Then  I  desire  Mr.  Thomas 
Uarvcy  maybe  called. 

X.  C,  J,  There  he  is;  what  do  you  ask  him? 

Rut,  My  lord,  to  prove  that  this  Elizabeth 
fiknith  swore  that  strml  pertona  were  at  se- 
TttalooBfoitidif,  wUokalM  aftsrwaida  eon- 


Harvey, 

X.  C,  J. 
wark? 

Harvey.  By  St.  Mary  Overy's 
he  came  to  me,  and  desired  me,  i 
meet  and  speak  with  her  ;  I  me 
it  was  about  the  Exchans^,  at  th 
there  was  she  and  anoUier  felU 
She  told  mc  she  could  swear  aa^aii 
such  ;  and  desired  me  to  give 
drink,  which  I  did,  and  then  she 
story,  and  demanded  either  10  c 
and  that  that  should  take  her  off 
ing  against  them.  I  told  her,  1  c 
thing  to  it ;  but  I  would  acquaint 
I  did,  particularly,  Mr.  Games.  '. 
not  fit  to  give  her  any  thing  ;  wh 
returned  to  her.  She  tidd  me  si 
])oor,  and  if  she  could  have  but  sc 
would  declare  who  it  was  that  v 
but  upon  reasonable  composition 
had  offered  to  swear^  she  would  i 
had  taken  the  copy  from  a  sister  i 
I  think,  she  said  her  sister's  nan 
Farrar,  as  I  remember. 

X.  C.  J,  Did  she  offer  to  swe 
against  you  ? — Harvey.  No,  my 

L.CJ,  You  know  tliat  Gam 
don't  vou  ? — Harvey.  Yes,  my  h 

X.  C.  J.  Does  he  use  to  f  requc 
constantly  ? 

Harvey.  I  do  not  know  that, 
have  known  him  many  years. 

X.  C,  J,  Do  you  live  near  liim 

Hiircey,  No,  1  do  not. 

Rot.  Fray  call  3Ir.  John  Cat 
Mr.  George  Norton.  [Mr.  C« 
peared.] 

Ros,  3Ir.  Cartwriglit,  I  desir 
please  to  testify  what  vou  know  ] 
ing  Mrs.  Smith,  who  Lutli  testifie 

Carf,  My  lord,  nuiv  it  please 
the  t2d  of  July  last,  'Mrs.  Smitk 
together  from  seven  o'clock  in  th> 
half  an  hour  afler  eleven  ;  and 
we  went  to  a  constable,  one  Alex 
in  Aldersgate-street ;  and  from 
went  to  Moorfieldi  to  kwkfinr 


"A 


STVRl  miALS,  36  Charles  II.  l684.-^or  High  7V»rmi. 

ce;  but  there  was  none :  And  from 
re  went  into  3Ioorfiekls  again,  and 
neimtman.wboni  we  supposed  was 
neeting;  andtbismanwc  followed 
f  almost  an  hour's  time,  that  it  was 
time  of  day  tbat  it  now  is  tiiat  I  am 
Hiatdaj  she  convicted  Mrs.  Batboe 

I  meeting  in  ber  house ;  when  she 
e,  and  another  man,  that  she  never 

hooM  of  Mrs.  Batlioe ;  and  then 
me  morning  tliere  was  one  Rice 
it  was  convicted  of  a  coiifeuticle  at 

,  Dpon  ber  oath. 

Sow  do  you  know  tliat? 

I I  was  told. 
But  it  may  be  yon  were  told  a  lye  ; 

oly  speak  what  you  know  yourself. 
rheu,  my  lord,  several  times  she 
M  to  coDTict  with  her,  when  I  never 
•meeting ;  and  also,  she  has  of- 
irict  with  me,  when  I  have  been 
ihe  hmth  not  been  there ;  and  she 
DT  wife  to  convict  one  Dod^s  mect- 
editcfa,  and  my  wife  refuserl  it,  be- 
vs  not  there. 
Were  you  by  when  she  asked  your 

■y  end  please  your  honour. 

Who  did  youteli  this  first  to? 
aeyou  bunted  along  with  her,  why 
go  and    roniplain,  when  she  had 
■  propositi  such  a  thing  to  you  Y 
jbrd,  I  did  not  so  well  understand 

did  you  first  of  all  tell  it  to,  I 

Jhl  of  all  told  it  to  one  Smith. 
Was  this  before  Mr.  Rosowt^ll  was 
kr  ? — Cart,  It  w  as  afterf*  anls. 
Did  you  go  to  Smith,  or  did  he  come 

waa  throuG:li  aiiothcr^s  means  that 
ipeak  witli  Mr.  Smith. 
Wbowas  that? 
(was  throiigii  u  OoUlsmith's means. 

What  i^  His  niur.e  .' 
Gi  name  ia  Ferrv ;  he  lives  in  New- 
L 

,  Huw  can^c  he  tu  ur'i'ici>:tand  it,  to 
together? 

ieeaiise  he  luidiTstoorj  tiial  I  was 
Smith  thai  tmiL  tl:iit  shr;  e-onvictnl 
MC^and  was  CMncoriK-ii  »iiit  iier.  I 
•vany  thiusf  <if  3Ir.  l^o^c  ivi:  A  that 
L 

Ki  ibe  DOttell  you,  she  would  do  as 
me? 

fk^  did  offer  mc  this ;  that  if  1  would 
Wver  anv  met'tiii^'-,  slif  woiiln  coii- 
IPlagh  litie' w:is  n<tt  tiien;. 
U.f/bo  didst  thou  icll  a  thinp^  of  this 
ff^tif  to  Mr.  Smith,  aiul  that  Ciuld- 

I  it  first  to  that  Mr.  Smith. 
VIkb  these  witnesses  ant  I  thin^ 
bs  dondfLl  never  put  any  j^cat 
tttMrn    ThttK  come  to  serve  a 


[SSS 

turn,  and  never  make  any  discovery  till  you 
are  taken. 

Ros,  My  lord,  you  may  observe  it  was  her 
common  practice  to  convict  upon  a  report, 
nor  havinv  any  eye  or  ear  witness. — 

L.  C.  J.  Well,  I  will  observe  what  he  has 
said ;  but  I  tell  you  what  I  think  of  it. 

Cart,  8he  has  asked  me  to  do  it  several 
times. 

X.  C.  J.  AH  that  I  can  say  to  it,  is,  it  seems 
she  looked  upon  thee  as  so  very  a  knave,  as  that 
thou  wouldest  have  done  sucfi  a  thing* ;  and,  it 
may  be,  she  was  not  mistaken. 

Ros.  Then  call  Mr.  George  Norton.  [Who 
appeared.]  I  call  you  as.  a  witness,  to  declare 
what  you  Know  of  Mrs.  Smith's  importuning 
you  or  any  one  to  swear  c^ainst  meetmgs. 

Norton,  Yes,  she  has  oftcretl  to  swear, 
but  1  cannot  say  with  him  ;  for  1  was  not  pre- 
sent all  that  time.  All  that  1  can  say,  is,  that 
she  owned  she  was  never  at  Mrs.  Batboe's 
house. 

L.  C.  J.  So  she  says  still  ;  and  it  agrees 
with  all  the  rest  of  the  evidence  :  It  was  only 
hear -say. 

Ros.  Then  pray,  will  you  please  to callJohii 
Holison  ? 

L.  C.  J.  There  he  is :  what  say  you  to  him? 

Ros.  My  lord,  1  bring  this  witness  to  testify, 
that  Mrs.  Smith  swore  there  \\  as  a  conventicle 
at  such  a  place,  when  there  was  none. 

Hobson,  Sir,  there  was  none  since  I  came 
into  the  house,  to  my  knowledge, 

L.C.J,  What  house? 

Ros,  At  Mr.  liales's ;  she  swore  there  was  a 
meeting  upon  the  13tli  of  July. 

Hubson.  There  was  none  to  the  best  of  my 
knowledge. 

Just.  Withins.  We  must  not  convict  people 
of  perjury  upon  such  evidence.  •  Indict  her  of 
pcrjurVj'if  you  have  a  mind  to  it. 

L.  C.  J. 'Where  is  the  instrument-maker  f 
Atkinson  ?  Bid  him  send  me  his  book.  [Which 
was  done.] 

L.  C.  J.  Were  you  at  every  meeting  always 
that  he  preached  at  ? — Hobson,  No,  my  lord. 

L.  C,  J,  Then  there  might  be  many  meet- 
ings that  yon  do  not  know  of  ? 

Hobson,    I  live  next  door  to  this  Mr.  Hales. 

L,  C.  J.  You  used  to  go  frequently  to  hear 
3Ir.  Uosewell,  did  not  you  ? — Hobson.  No,  Sir. 

L.  C,  J.  [Having  fooketl  upon  the  book.] 
Was  there  any  meetmgthat  you  kno^v  of,  the 
l.'Jthnf  JulyV 

Hoh.'U)u.  \one  there  ;  he  lives  the  next  door 
to  me, 

L.  C.  J.  U'as  there  no  mettinf/-  no  where 
there -awa^  ? 

Uohsini.  Not  that  I  know  of. 

L.  C.  J,  She  swears  to  that  day,  at  Mr. 
Halfs's. 

/i<).v.  Ay,  and  to  tho  very  place. 
•     L.  C.  J.  Do  you  know  oiu.^  Hodgeson  ? 

Atki/ison,  ll'is  Hudson,  loy  lord. 

Hohaon.  No,  my  I'inl  ;  J  do  not  know  him. 

L.  ('.  J.  ^\ovv  \ou  ever  at  his  house  at  au^ 
meeting  ^ 


SeS]     STATE  TRIALS,  Stf  Charles  IL  i6S4.«-7Wc2  of  TImm  Ibm 


Hobton»  No,  ray  lord ;  I  never  was  at  any 
aieetiiig  thefie  two  years. 

Rot.  He  liTes  next  doorto  the  house. 

L.  C  J.  There  may  be  a  meeting  next 
/door  to  my  hoosetwenty  times  over,  and  I  not 
know  it. 

Ros.  Then,  pray,  call  John  Crook.  [Who 
came  in.]  Pray,  Sir»  do  von  know  whether 
there  was  any  meeting  at  Mr.  Hales's  the  13th 
of  July? 

Crook.  No;  I  never  heard  of  any  such  thing 
bat  what  was  according  to  his  own  use  amongst 
his  family.  I  liye  under  his  roof,  and  never 
yet  did  know  that.tiiere  was  a  meeting  there. 

JRm.  Pray,  call  Sarah  Whibby.  [Who  came 
in.][  I  desire  she  may  be  asked,  whether  Mrs. 
Smith  did  not  swear  there  was  a  conventicle  at 
Mr.  Hales's  the  13th  of  July:  and  whether 
there  was  any  such  thing  ? 

Whibby.  lliere  was  none. 

X.  C.  J.  That  you  know  of,  you  mean. 

Whibby.  I  am  certain  of  it. 

X.  C.  J.  How  came  you  to  remember  the 
day  particularly? 

iVhibby.  I  can  tell  you  by  a  very  good 
token ;  because  the  chimney  of  my  honse  was 
on  fire  that  day. 

X.  C.  J.  nfow  do  you  recollect  it  was  the 
13th  of  July? 

WhUfby,  Because  there  was  a  neighbour  of 
cur's,  that  is  a  waterman,  that  was  sent  for  to 
wait  upon  his  majesty  ;  and  I  went  that  day  to 
call  him  to  quench  the  fire ;  not  finding  him  at 
home,  I  went  further  to  call  more  help. 

X.  C,J.  How  can  you  tell  that  it  was  the 
13th?  It  might  be  the  '^Otb,  for  aught  you 
know. 

Whibbi/.  No;  it  was  the  13th. 

X.  C.  J.  How  can  you  tell  that  ? 

Whibby.  Because  tueie  was  another  meeting 
on  the  2ath  day,  for  which  I  paid  20  shil- 
lings ;  and  I  can  remember  my  chimney  was 
on  fire  that  day. 

X.  C.  J.   \Vhat  day  of  the  week  was  it  ? 

Whibby.  It  was  Sabbath-day. 

X.  C  J.  Why,  if  my  chimney  was  on  fire 
the  14th  or  15tb,  it  may  be  I  can  remember  it 
a  little  while,  but  how  came  it  that  you  do  re- 
member it  so  long  ? 

Whibby.  ItwasthciathofJuly. 

X.  C.  J.  How  can  you  be  sure  of  that  ? 

Whibby.  Because  it  was  the  Sunday  before 
the  meetinff  at  Mr.  Bowen's. 

X.  C.  /.  Where  was  the  meeting  that  day 
your  chimney  was  on  fire  ? 

Whibby.  I  did  not  know  then  ;  but  I  knew 
since,it  wasatMr.  Hudson's. 

X.  C.  J.  Then  you  have  been  instructed 
about  it.  But  pray  do  not  think  you  come  hero 
to  serve  a  turn. 

Whibby.  It  was  at  Mr.  Hudson's. 

X.  C.J.  Was  there  a  meeting  on  the  13th 
of  J. sly? 

Whibby.  By  relation  there  was  ;  but  I  was 
not  at  it. 

Ro$.  My  lord,  I  bring  her  to  testify  there 
was  no  meetmg  at  MrTiiales's  that  day. 


X.  C.  J.  We  know  wellodough 
linff  saints  can  lie. 

Whibby.  I  have  answered  the  tr 
I  know. 

Ros.  I  only  ask  her  about  Mr. 

X.  C.  J.  Sne  shall  answer  sdch 
the  court  shall  thmk  fit  to  ask  her 

Rot.  How  far  is  your  house  froo 

Whibby.  Next  door. 

X.  C.J*  How  far  is  your  houi 
Hudson's  ?—IF*t*5v.  A  great  wa' 

X.  C.  J.  Wasit  half  so  fiu*  as' 
fetch  the  waterman? 

Whibby.  That  was  but  three  d( 
Mr.  Hodson's  is  half  a  mile,  I 
mile. 

Rot.  Then,  pn^,  call  Anne  Cc 

Just.  Withint.  Well ;  what  do 

JRoi.  Mrs.  Smith  hath  sworn,  tf 
a  conventide  at  Mr.  Hales's  the  1 
I  desire  to  know  of  you,  wheth 
such  an  one,  or  no? 

Coliim.  The  13th  of  July  then 

Rot.  Upon  your  certain  knowlc 

CoUint.  Upon  my  knowledge 
none ;  I  can  justify  it. 

X.  C.  /.  Not  there  you  mean,  at 
but  do  yon  know  there  was  an^ 
else? 

Collins.  No,  not  to  my  knowled 

X.  C.  J.  Do  you  know  Mr.  Ho 
there  any  there  that  day  ? 

Collins.  I  know  one  Hudson. 

X.  C.  J.  I  thought  you  liad  sail 

Collins.  No,  it  was  Hudson. 

X.  C.  J.  Was  there  any  convei 

Collins.  I  cannot  tell  any  thing 

Ros.  Then,  pray,  call  Sarah 
Susan  Bathoe.     [Sarah  Bathoe  a] 

L.  C.J,  Well,  what  say  you  to 

Ros.  That  wliich  I  call  Mrs.  1 
to  pro?e  that  Mrs.  Smith  was  mi: 
she  swore  that  Mrs.  Bathoe  pen 
venticle  at  her  house  the  20th  of 
which  Mrs.  Bathoe  was  convicted, 
lier  appeal. 

X.  C.  J.  You  do  mistake,  Mr.  R 
says,  that  Bathoe  confessed  that  tl 
a  conventicle  at  her  house,  as  she 

Bathoe.  She  has  convicted  me. 

X.  C.  J.  Ay,  but  it  was  upon 
sion. 

Bathoe.  No,  I  ne\cr  confess! 
thing  ;  for  I  had  none  there  at  t 
did  confess  any  such  thing. 

X.  C.  /.  Had  you  ever  any  c 
your  iiouso  ? 

Bathoe.  Tliat  is  not  it  that  I  a 
to  now.  I  desire  to  be  excused  frc 
that  question. 

X.  C.  J.  Then  I  will  not  bcliei 
talked  as  long  as  you  preach. 

Hot.  There  was  an  api>eal  t 
lonl. 

Att.  Goi.  She  is  not  a  witnes 
own  ease.  It  would  be  a  fine  tl 
4 


fiSS  ]  STATE  TRIALS,  36  Charles  II.  1 684.— /or  High  Treason.  [9SS 


womaii's  story  slioald  pre? ail  here  a^iiist  posi- 
tive testioiooy.     [Then  Susan  Bathue  came 


kid 


Im.  Mrs.  Smitli  hath  sworn,  that  Mrs.  Ba- 
Iboc  had  a  couirenticle  at  her  house  the  20th  of 
Julv. 

L,  C.  J.  No  ;  she  only  swears  thai  Mrs. 
Bathoe  coalesscd  it ;  hut  herself  was  not  there, 

Jtof .  Did  you  confess  it  ? 

JLC.  J,  So  matter  what  she  says;  it  all 
l|ieu  with  that  testimony  that  she  has  now 
givefl  :  tills  matter,  it  seems,  is  depending^  u|K)n 
SB  apfieat,  and  so  she  testifies  for  ficrsclf.  And 
vkra  I  ask  her  whether  she  ever  had  any  cou- 
Itsiiile  at  het  bouse,  she  will  not  tell  me  ; 
vbich  induces  a  suspicion,  that  she  does  not 
MM  fi>r  a  fair  pur^iosc,  but  only  io  serve  a 

Bm.  Pray,  Mrs.8usanBathoe,  was  there  any 
Wh  coorenticlcff  ? 

B§tho£.  There  \«as  none. 

L  C.  J.  Why,  I  tell  you,  you  mistake  still, 
k  Souih  swears  that  Airs.  Batlioc  confessed 
to  her,  that  she  had  a  conventicte,  but  slic 
she   was  not  there.    And  take  all  to- 


fHho',  Ktring'  she  will  not  answer  ^Uieihcrshe 
OThad  a  cum  enticlc  ;  and  so  it  may  bo  «nily 
tMake  just  nf  the  day  :  or  she  might  teU  Ikt 
i^Wany  thinir  Appears;  and  for  oug-lit  1 
%■»  Hales  has  had  convent  id cs :  and  what 
Mtti  to  the  purpose  of  \^hiohyouarcac- 

Mai  Call  Mr.  John  Feme.  [lie did  ap. 
fnr.')  II7  lard,  I  desire  3Irs.  llathoe  may 
MtfiiMaT. 

jCC/'Let  her  stay  then.    What  do  you 
olAiijaiafor  ? 
Mm,  It'ntty  |>ri)\eslie  has  compounded  ron- 
Pray ,  Sir,  citi  \  ou know  whether  !\lrs. 
bath  e«iiiipoundt'd  with  Airs.    Bathof, 
conviction,  to  set  by  the  pruseciitiou  ; 
fliHn.  Isathoi*  was  prevailed  with  so  to  do? 

hrme.  >1r^.  Fiathoccauic  t<i  me  nboiit  r.  or 
■4ysaj^i  ;  s:iys  she,  I  niiist  *^v\.  you  to  *^o 
^■t  to  the  Ht^cunlfT's.  I  uiu  pi-i>ini?(-'l  ruy 

S again  that  was  paid  upon  il:o  ai»rM'al*l 
t.  I  wasi  j^Iad  to  hciir  it,  and  w:iit  with 
ht\  UH'time  appointed  ^as  five  or  six  o'clock. 
IvMthi-it:  a  little  after  tive  ;  and  Mrs.  Hmilii 
maot  there,  thut  was  one  uf  the  v> itue^scs 
i|lB  her  c'jrivictioii,  Eli/.ubcth  Siiiilii,  for  \ 
,  Britd  her  with  a  notice  to  att(  n<l  the  Ui.-forucr. 
Vcvcre  iIktc  a  second  time,  al  the  Bccordor's 
teibrralHim  si\oVlock  ;  «he  w^usnot  roiiu*. 
W«mfited  hard  by,  an>I  wr-ittii  thi:d  Liinc  ;  ai.d 
iiilbevi -IS iht-ix-,  ai'd  <lcsiped  my  sister  lo *>.- 
btrthkt  she  wa^  r.otthcn-  ctulirr;  but  she 
ilMldouU but  she  should  have  hrriMUTicy  ; 

to *e the  Recorder.    Mr.   Utrorikr 

liifRcral  above  with  him.  We  waited  an  b^iir, 
Witfif.  Mrs.  Smith  went  up  and  my  sis- 
wot  up  w'tiii  her,  or  ti^llout-d  her:  uii«), 
ilheRcGonler  to  her,  arc  not  \ou  ihu 
npnthitwas  %vith  inesuch  a  lime,  with  .Mrs. 
■■»?  Yes,  Sir,  (says  she)  I  was.  Says 
WkMmifle  vu.maka  surji  haste  away  P 


I 


Upon  that,  Mr.  Courthopc  steps  forward  with 
the  l>ook  ;  Sir  (says  he)  I  have  paid  it  in  to  the 
clerk  of  the  peace,  Thtm,  says  the  Ilcconler, 
it  is  out  of  my  hands,  1  can  ^o  no  further: 
but  promised  a1\erwai*ds  to  speak  with  sir 
William  Smith,  the  chairman  of  the  sessions, 
about  it. 

L.  C.  J.  I  can  make  nothings  of  all  this. 
What  a  business  is  here  ! 

Feme.  8lie  seems  to  be  a  rash  woman,  ready 
to  swear  any  tiling;. 

L,  C.  J.  Oh  dear.  Sir !  and  you  seem  to  be 
a  grave,  prudential  sort  of  a  man. 

Ros.  If  she  did  not  swear  that  this  nieetinnr 
was  at  Mr.  Hales^s,  why  was  he  convicted  for 
that  meeting  P 

L,  C.  J.  I  know  liothing  of  the  conviction 
at  all ;  it  is  the  first  time  that  I  have  heard 
of  it.  , 

Hos.  Then  if  your  lordship  nicase,  we  desire 
to  have  the  rt»coril  of  It  read  ;  here  it  is. 

L.  C.  J.  Make  it  appear  that  she  sw  ore,  and 
that  what  she  swore  was  false  ;  and  then  you 
say  soim'thing". 

lio:f.  We  desire  to 'have  these  copies  of  re- 
cords read.  Here  it  is  '  per  Testimonium 
'  Kjizabethflc  Smith,  or  per  sacramentum.' 

L.  C.  J.  Prove  that  she  swore  it. 

Jio!'.  My  lord,  v.'o  had  a  very  gracious  an- 
swer concerning  the  petition  that  my  poorT^iii: 
delivered  to  his  sacred  majesty  in  reference  to 
her  coming  to  me  ;  wliir!i  his  majesty  granted 
with  a  great  deal  of  compassion.  He  remitted 
it  to  your  luixlship,  and  your  lordship  did  second 
it,  for  the  having  the  use  of  what  records  should 
he  necessary  for  my  defence.  And  tiponwhat 
application  \vc  made  to  the  Attorney- Genera!, 
it  WHS  readily  granted:  but  for  the  searching 
of  the  records,  we  ha\e  desired  the  Recorder, 
an- 1  cannot  have  it. 

L.  C.J.  You  are  much  misinfiirmed  inthat 
I  will  tell  you  ho'v  it  was:  Yom*  wife  und  A 
yoiM'LT  niau  came  to  me,  a  matter  of  a  fort- 
niglit  ago,  and  did  tell  :iie.  there  were  srver:il 
■ree:»ri!s,  thiit  wen*  necess'oy  for  your  de/eiu'i-, 
ami  iln*  iKv-'ircKr  refused  to  let  > oil  luMceopiis 
(»f  liieiu.  I  toI:t  her  then,  Codtoiliid  but  thut 
\i)U  sliouM  h:i\i*  .-ill  manner  of  helps  from  n- 
eo;<ls,  that  wrre  neccssriry  for  your  trial ;  and 
thereiipoii  I  did  ivipiire  my  brother  Jeiiuei\ 
who  is  Itf^cnrdcr,  to  atteml  to  shew  cause,  why 
Ih*  did  refuse  tv»  Ivt  ymi  have  any  records  thai 
\«iu  til'. light  iu;.'ssary  for  your  defence:  Ami 
lu  y-avi'  uietliis  li»r  onWerj'lliat  they  were  w.- 
<!M-.l>«.-.l  e«>nviciiuns,  :ind  were  retuvn«'d  to  the 
si'-.^i'Mi'"  if  peace  ;  some  toSarre\  ,  uiid  soiiu' 
into  ill.' lloi'X,  ami  svnue  w.MT  ill  "lu;  clerk  of 
ilir  jj-  ;•.(■».  S  hands.  *\  hereuji.ui  I  told  your 
\ni*»  .  it  *:he  woulil  iro  to  the  i  l(il»  of  tli*'  peace 
t'Tecjjiiis  of  the  re<  ordf;,  iftht-v  i!id  not  reudiiy 
givr  \(»u  eopi-.s  :'.lj, our  eliaiiie,  I  uoiild  make 
tluiii  ilo  it,  if  .siieVaiiM*  to  eomj'i;i:ii  to  me; 
and  it' tiny  would  not,  I  would  l.iy  tiieni  by  the 
heeN.  \\  ln:ii  in\  hiolhi  r  J«-mier  e;iuieto'  nie. 
said  1,  I  hi'lieve  that  which  they  have  a  mind 
to,  is  to  know  upon  whi»si'  testimony  the  con- 
victior.s  arc  made.     -Novy  that  is  tio  part  of  th# 

U 


9S7]     STATE  TRIALS,  a&CaABLis^lL  iSU^—THaU/Thomat  Rt^twrtl, 


conviclioa  ;  tnil  tlitl  we  tbought  ouj^ht  not  to 
lie  grautei).  Sqt  in  there  any  law  tor  it ;  for 
that  is  to  open  a  way  to  tite  taiupi^ring  with 
the  kinr>  W]lni>s^!!^.  Ailcr  ihk,  theSre  i»ii«t 
Mr.  WaTlopf  that  came  and  moteU  the  court  of 
Kingf's  Woch  about  this  txialtfr  ;  aii<i  we  jLfavc 
hitn  the  Rame  anstver,  that  for  any  one  to  dls- 
«0f erthe  k\»^*ti  j^iUicssw  beibn>  thc^  eorae  to 
trial  i^as  not  to  be  allowed  by  law.  If  Mr, 
Attorney  had  come  here,  arwl  wiid,  pray,  gi*c 
IIS  a  list  of  all  the  witiu'>ses  that  Mr.  Hiosewdl 
will  oiakc  use  ol*  at  his  trial ;  we  shouM  have 
denied  his  niotmu.  <jihI  Ibrbid  l^ut  that  tlit; 
mritoesses  you  brio^  sbouhl  be  heard  ;  and  that 
tlie  witnesses  they  brin|^fihoutd  be  heard  ;  but 
Hre  tnuRt  prevent  tampering  wilb  the  witnesses 
on  all  sides, 

Boi,  If  the  wilncases  are  snppiTssed,  it  is 
inpoiflsiblc  to  encmiiiter  their  testimony. 

L.  C.J.  What  do  you  roe^ia  by  snppreaaing 
the  tvitnesses  ?  They  are  here  proilured* 

Mm.  Their  n&mcs,  my  lonf,  upon  the  records. 

X.  C  J.  Their  nanica  are  never  exposed,  nor 
«uffjit  to  be. 

nv$.  >ty  lord,  it  is  that  which  must  enable 
Ave  to  mal^e  my  itefcnce.  If  we  could  have 
tlieir  names,  w%  CMilA  prove  them  peryured, 

L,  €.  J.  It  c«DDot  ne  by  law.  Yon  have  the 
wine  benefit  that  all  the  rest  of  tlie  king's  sub- 
jects have.  If  any  one  be  convicted  of  trcasou 
by  witnesses  (twenty  in  number)  we  never 
^iter  them  upon  the  record  ;  and  ti*  any  be 
aeijuittcdf  the  testimony  of  the  evidence  upon 
that  a<Mpiittal  is  never  entored  upon  record.  It 
may  be  in  your  matter^  it  was  not  upon  the  tea- 
tiiiinuy  or  wUnesst!s  that  the  convictinii  was; 
lint  upon  the  notoriety  of  tb*'  lact,  ur  by  con- 
Cession,  as  in  the  cuFf  t»f  Mrii.  Bathot;  ;  that 
was  by  confession,  and  wrtne«»soiJ.  Th<-  noto- 
ri<*ty  of  the  fact»  or tlie  coutes«>ioh  oftUc  piiiiy, 
are  oU,  and  each  of  them  sufiicicnt  to  make  a 
er>nviction  by  record.  Yon  have  tliesnmo  li* 
bcHv  that  every  sidijecl  ha«. 

ifojL  MrCourtbopeisthelleeovder^s  clei^^ 
that  saw  the  convictions  in  the  tieiL  of  ll^ 
peace's  hand* 

r..  C.  X  We  cnnnot  tell  tliat,  without  tjie 
rli  »k  r»f  tJie  peace  was  here, 

lioi.  Pray  where  is  Mr.  Charles  Walker? 
f  He  appeared »]  1  desire  you,  hir,  to  testify 
whftt  yrju  know  conccToing  the  coiiviction  t»f 
l'fi/alnjth  Smith  upon  Mr-  Hates*  for  a  con* 
vtiitic'le  at  his  house  the  13tli  of  July. 

llV*7Axr.  You  had  a  copy  of  itftom  the 
clerk  of  the  jujace  ;  1  made  it  out. 

Rom,  Of  Mr  Hales  and  Mra,  Bith'^e,  do 
you  mean  f 

Wuikrr.  No,  only  of  Mrs.  Batlioe. 

Ein.  Then  1  suppoHe  we  may  have  it;  and 
thi^  clerk  will  testify  it  to  be  a  true  copy, 

IVnihrr.  Thisi<i  a  true  copy. 

L.  C.  Jf,  Then  tualte  what  use  you  plra  e  of 
It     W  ill  yon  Iwive  it  read  f 

l?oi»  No,  my  ford,  not  yet,  If  your  lord- 
shr- ; '  -  I'desire  Ktchord  Drew  may  he 
*  u  I  we  ver,  if  your  lordship  w%U  let 

\kiw.  .v.v>  .iiui  paf!!t>j^e  in  it^  that  1  ctiuaoi  so 


pt^ 

so? 

would 
>k  t3fl 


well  read,  it  is  ilk  court  b^'  ^ 

Crown  reads.]  *  Memomi 

♦  ralem  Sesi^ionem  pacts  pro  Loin    Muhl  ^r\ 

*  timo  dieOctobiia,  tricesiino  sexti»»  \c.' 

L.  C.  J\    What  do  you  make  from  t!j 
Here  is  a  record  of  the  conwction^  which  sayi 
tl«it  by  two  eredible  w  itm^scs^  unCi  the  no-=' 
toriely  of  the  fact  she  \iascunf  icted 

Ho*.      Pray   call   Rieh«t.l   Ih.-.*        rvviro 
came  in .  T     PVa  y  Hi  r,  \v  1 1 
M  rs ,  8mit]i  *s  prat-tice  in  n  i 

Drrw.    Upon  the  lltli  ol  July  iiLst   tbi 
was  an  aei^uaintance  of  mine,  llj^t  «ho  did 
tend  M'as  at  a  moeiin^ 

L.  C.  /.    Who  was  that  that  did  pretend  so  ? 

DretP*    Eli7iibeth  Smkh ;    and  vtie  would 
have  bad  some  money  of  him.     He  eaoM  l» 
\%ye^  atnl  asked  my  advice.     Yes^  said  I,  1 
)ou  lijul  better  ^ive  her  money,  than  to 
the  ha/.ard  of  swearin*^  a^atma   you  :    So 
did»     He  took  roe  alontf  wiiii  him  to  a 
where  they  were  to  meet,  where  she  tnolt 
shillings,  and  pr<ocaiscd  lie  should  come  inti»  oa 
further  trouble  »1>oat  it  r 

X.  C^  J.  Hail  he  ber  ii  at  a  eonventicle  or  not  t 

.Dreii'.  That  1  cannot  say. 

L.  C.  J.  Do  you  believe  lie  was,  or  w  ;w! 

Drew.  My  lord*  I  eaaiMit  say  tliat  he 
or  was  not. 

X.  C  J,  But  that  IS  not  the  nucKiian  I  ajiJi 
you  :  for  you  would  not  penwifwie  him  to  ~ 
her  money,  if  he  had  nothi-eu  al  a  coiivvtil 

Drew.  My  lord,  1  did  not  know  whetliar 
was,  or  was  noL 

X.  C*  J.  I  ask  yon  agpain,  did  you  believe 
i;i  as  or  was  nt»t  f 

Dreu\  I  believe  he  mif;ht,  by  hJv   >-  ■"* 
wilhnjf  to  take  my  advico  ;  tbouf^'h 
was  a  base  thing  to  give  her  any  moii: 
a  matter. 

Rat,  Prav,  call  James  Howard.  __ 

L.  C,  J.  There  he  is  ;  what  would  you  Iti 
with  tiim. 

Ros.  ^I>  lont,  I  crave  leSTi*  Hrst  to  ntik  M 
tress  Shaft oe ;  Are  you  Mr  HiUonn  wilbr 

Smith.  Yes. 

Ros.  Then  1  desire  IVfr.  Hmvard  may 
what  he  know  s  <  "     (♦listrtss  8mi 

But  Hrst,  wlii*  ire  you  ,* 

Smith,   GeOP^r  nniu*  s. 

Hoi*    What  then  do  you  know  df  her, 

liofuurd.  r  was  once  drinking  a  cup  of 
ill  Grub-street,  where  she  did  lake  a  parcel 
money  in  the  concern  of  the  king,  my  loi 

X,  C.  X   Prittiee,  speak  up :    In  w  hat 
cem  P 

Hofwtitd^  $1ie  look  a  bribe  in  the  eoacem 
tliekin^. 

X.  C.J.  What  dost  thou  me^m? 

liowwrd.  Uf  a  person  that  had  breti  H 
meetina. 

X.  C.  J.  Priibc5e,  what  bribe  wan  It  T 

llouard*  About  II  or  12  siiillinys^ 

X.  C-  X  Prithee,  of  whom  was  it? 

H         '    'I* he  man  t  never  saw,  vm 
woiii  1  came  in  by  chance. 

X.  V .  .■ .  . *v  V  ioo^  ajio  \%\Sx\&  ?  , 


^29}  STATE  TRIALS,  SG  Chari.es  IL  J 6Si.^for  High  Trtifsom 


HoKCTxL  AlH>ut  the  middle  of  July  last. 
L»  C  J,  Who  ditj  you  di$cor«r  tbis  luttlter 

Homnrd.  My  lord,   I   was  only  drinkiiifT  a 
oip  nf  ale ;  ami  1  disecovered  it  to  Mr.  Dreu , 
wmat  inillcd  last. 
Jl  C.  J,  Was  Mr.  Drew  one  o£  them  ? 
HcnrairJ,  No;  Mr.  l>rew   1  tirii   nciitiainted 
;  tie  is  111^'  aeighboiir. 
L\  /.   W  lieo  were  you  at  ckurcU  last  ? 
tfc«K«rt/p  The  last  Lord's  day. 
/*,  C.  J,  WbettJid  you  receive  the  sacra- 

tiarard.  Hy^ord,  t  ocfCf  did*  We  have 
10  piiri»fa -church  at  pn^ent  ;  it  is  now  *- 
kidob^. 

/*  €,  J.  Where  do  yon  live? 

Motparti.  lo  Mugwell  street. 

L.  C  X  Uaie  you  no  {>ulilic  preaching'  in 

isb? 

I  do  hear  Br.  Fo\*ler,  and  Mr- 
too,  eotnetiiues. 

That  is»  V  hen  there  is  no  eouveu* 

ipose)  iu  the  way.  That  Mr.  Hinytliies 

dwler  are  both  very  well  known, 

t$  Mr*.  Anne  Farry  here  ?    [She  did 

ar  ]     Pray  call  Mrs.  Anne  H i^jjirenson. 

Aneai>t;d.  ]    Do  you  know  Mi^.  Shaftoe, 

ridtoB*  as  fihe  is  called  ? 

M  y  lord ,  1  ha  v  e  v  cry  Uttl  o  kno  w  - 

a^it  ber ;  I  Itave  known  her  hut   a  very 
litil^. 
.Bail  What  te^^timony  can  you  give  of  her 

CUBWIMlJiOll  r 

Bm$auon*  Smoe  I  have  known  her,  1  have 
h^xmmmt  lil  thinga  of  her :  iiut  1  cannot 
9ptak  to  any  thing^  of  mine  own  knowled^. 

X.  C  J  *Wfi\%  so  jieople  may  say  a  great 
■M8I  i^fyou  that  you  do  not  deserves 

nartih  iiii^  of. 

Hm.  Call  Aane Carter.  [8hcdid  not  appear.] 
Idatie  sir  John  Talbot  would  please  to  fie  ex- 


Mt  appear 


J.  C.  /.  Here  ts  sir  Jolm  Talhol  by  nic. 
iKof.  Sir,  i  desire  you  would  please  to  testify 
tslhr  court  and  the  jury  what  you  know  con- 
'  '•'     ■" -iventation  of  nui^tress   Sbaftoe^ 

Mrs.  Hiltno. 
.-„..  .».iA>£.    She  was  a  aenrantt  that 
my  bouse  a  great  many  years  ;    but  I 
t  tise  to  converse  with  her. 
^Soi.  No,  Sir  John  ;  but  what  do  you  know 
'  her  conversation  while  she  hved  in  lOur 
wumf 

%  /.   Tafbot.    AH  that  I  know  of  her,  is, 
ifce  had  nov^y  good  character  in  the  family. 
L  (',  X    Do  vou  know  any  thing  of  your 
«wnk        ■  ? 

Sir  As  to  any  thin^  of  my  own 

bowknigf  J  I  cannot  speak  ;   it  is  all  no  other 
in  hiear->«av  from  all  the  family. 

.  C.  X    But  I  ask  you  what  you  know  of 
r  own  knorwledge,  Sir  John.     TeU  us  tl»e 

tlUr*  vnii  yOUnilf  kuOW. 

It  was  the  complaint  of  all 

l^le  house,  that  she  was  guilly 

^  ttihay  to  and  stories  io  the  taimly. 


Jloff.  Was  she  reported  in  the  family  a  Ire- 
tjuent  lyar  ? 

Sir  /  Talbot,  She  had  that  cha^-acier  in  tl>c 
family;  all  the  servants  ('omplaimtd  of  it.  I 
only  inow  of  other  ihinj^s  siuce  she  v%  as  gone 
out  of  the  family  ;  and  lliat  she  has  been  coo- 
cerneil  in  an  odd  sort  of  practice<»  about  at- 
tempting to  steal  away  a  younof  lady. 

L.  C.  J.  Do  you  know  of  a  of  your  owa 
knowledge  f 

Sir  X  Talbot,  I  had  it  frotn  herscH;  and 
upon  her  own  af&rmation. 

£.  C.  X  What  wtt»  that  ? 

Sir  J.  Talhvt^  It  was  alnjut  the  practice  that 
had  beeii  set  en  foot  of  chL^atinq:  people  of 
raone}'  for  procuring  Ibrtuiwis  ;  iiuriiculariy 
eoncernincrltie  daughter  olone  sir  H  airy  Jones. 
And  there  have  a  great  many  gentlemen  Inrca 
abused  about  town  in  that 'matter,  and  made 
beliete  that  this  woman  had  an  interest  in  her, 
and  would  put  this  great  fortune  into  their 
hands  :  I  have  not  been  privy  myself  to  a»y 
of  the  negociatioos,  1ml  1  have  understood 
iherL*  were  such  practices;  there  was  one 
Salem  and  she  that  wei^e  engaged. 

L,  C.  X  Look  you,  sir  John,  Do  you  know 
this  of  your  own  knowledge  ?  For  %ve  must 
not  hear  evidence  to  take  away  people's  repu- 
tation by  hear-say  :  If  she  hnth  confesseil 
any  thing*  to  you,  you  may  speak  that,  and 
let  MS  know  it. 

Sir  J.  Talbot.  My  lonl,  if  it  be  not  too  long 
to  give  yon  tlie  circumstances  how  1  came  to 
know  if,  [  will  tell  you  what  1  have  been  in- 
formed about  it. 

X.  C.  X  No,  that  k  not  evidence,  sir  Jolm  ; 
unless  you  know  it  yourself,  or  had  it  by  her 
confession. 

Sir  X  Talbot,  IMy  lord,  I  do  not  come  here 
as  a  voluntary  evidence,  but  I  am  here  called 
upun.  And  J  "in  v  lor<l,  I  think  I  ought  to  give 
my  lestiinunv,  Tlu  ntan's  hie  be  concerned. 

J.,  C.  X  iind  s^  ought  %ve  who  arc  upon  onr 
oatlifj,  to  insist  n^m  it,  that  you  give  legal  evi- 
dence, what  you  know  of* your  oivn  know- 
ledge ;  and  1  ask  you  here  again,  whtdher 
what  you  relate  he  of  your  own  konwledge, 
or  what  was  by  hear-say  ? 

Sir  J  Tot  hot.  My  lord,  1  had  notice  sent 
me  by  a  letter,  That  there  was  a  gentleman 
come  to  Thistlenortb  with  a  coach  and  four 
horses,  with  a  design  to  steal  Mrs.  Jones.  I 
cannot  ftemembcr  vmether  there  was  any  name 
to  the  letter,  but  soch  a  letter  was  sent,  and  1 
was  to  inquire  about  it  of  this  Ellinor  ShaiV>e, 
who  was  engaged  in  the  design.  I  sent  to 
her  to  come  to  me,  and  she  did  come;  and 
told  me  that  there  had  been  such  a  practice  of 
one  Salem,  and  she  would  bring  a  ijentk'man 
to  discover  the  whole  business,  and  she  did  so ; 
and  brougtrt  this  Hilton  (by  whose  name,  as 
her  husband,  she  owns  hersett^,  and  he  came 
to  me,  and  gave  me  a  note  of  several  gentlc- 
men'.s  names  that  were  toaccrticd  in  it  j  and, 
t  behcve,  I  have  a  book  wherein  their  names 
are,  1  then  asked.  Why  she  did  let  it  sa 
long  rem,  and  the  busi&ess  go  oa  »a  ^  ?  Mr. 


931]     STATE  TRIALS,  36 Charles  II.  l684.— TV-ia/  f^ttomai  Rauwetl, 

Hilton  did  confegs,  that  one  particular  fj^entle- 
inan  had  been  kept  in  treaty,  who  was  a  coun- 
try-man, and  came  to  live  ui  town,  and  was  in 
town  the  greatest  part  of  the  winter  upon  this 
de4>!vii ;  and  did  walk  that  way,  expecting' that 
this  Nau  Carter  should  hrhigf  clown  this  Iieiross, 


eto  that  they  mitjrht  have  an  opportunity  to  steal 
iier.  Mr.  llihnn  had  no  otner  way  of  an- 
phmtion  to  me  hul  by  this  Shafloe. ;  and  he 
(lonfissed  himsflf,  that  he  was  a  party  con- 
cerned in  tho  dcsif^ii. 

L.  C.  J.  Ay  ;  but  what  did  Udton*s  wife 
say  ?  For  wli'at  he  said  is  nothing^  to  the  pui- 
jioso  in  this  point. 

Sir  J.  Toihot.  81ic  is  one  that  I  had  no  com- 
munication with,  nor couTcrse,  while  slie  was 
in  my  tamily,  othcr\vise  than  as  an  ordinary 
servant ;  but  this  same  Mrs.  Junes  was  my 
ward. 

L.  C.  J.  Did  she  confess  she  had  any  desi^fn 
in  this  matter  ;  or  was  to  have  a  reward  tor 
scttinfijf  the  matter  on  foot  ? 

Sir  J.  Tulbat,  \o,  my  lord  ;  she  did  not 
particularly  confess  she  had  any  hand  in  the 
desii^^n,  but  it  was  that  which  several  other 
persons  have  come  and  inquired  since  of  my 
tiinuly  abiiut ;  who  have  told  me,  that  there 
ivas  one  Shafto^,  otherwise  Hilton,  that  was 
cpnccrned  in  it. 

L,  C.  J.  That  is  no  evidence,  Sir  John,  1 
inust  tell  you  again. 

Sir  /.  Talbot.  My  lord,  I  cannot  make  the 
evidence  otherwise  than  as  it  is.  I  tell  you 
>vhat  I  know. 

X.  C.  J,  You  understand  yourself  so  well, 
sir  John,  that  you  know  it  "is  not  evidence  ; 
;ind  you  arc  not  to  talk  of  what  other  people 
havetoid  \ou. 

Just.  }i'Uhin$,  How  long  did  she  live  in 
your  family  ? 

^■ir  J,  Tfiihot.  I  cannot  tell  how  loni^,  my 
lord,  but  1  believe  she  was  there  ten  yrai*s. 

Just.  Withins.  Th^t  is  a  strange  thing,  that 
you  sliould  keep  an  ill  woman  so  long. 

Sir  J.  Tttlhot.  My  lord,  v  ilh  your  permis- 
sion, she  was  a  S'jnant  when  thi't  child  came  \ 
to  me,  )ind  when  the  mother  died  ;  and  my  I 
wife  did  not  think  tit  to  put  her  away  ;  s<i  she 
came  and  staid  v»ith  the  child  as  lonp^  as  my  t 
wife  could  keep  her  ;  but  at  last  bhe  did  fa.  '< 
Oitnit  ditfei'cnces  in  the  family,  lies, and  stories,  ! 
and  was  found  to  be  a  pers«)n  not  fit  to  live  in  { 
the  family  ;  and  therefore  my  wife  was  afraid  '. 
to  keep  tier  any  longer  and  put  her  away.         j 

£.  C.  J.  Well,  i\lr.  Rosewcll,  have  you  any  I 
other  witnesses  !* 

Ras.  Pray  call  Anne  DilUnarham. 

J..  C.  J.  \Vell  what  do  you  ask  her  P 
.   Hot,  My  lord,  I  bring  this  i\  it ness  to  prove 
coneiTo-ng  Mrs.  ShaAoe,  alius  Hilton,  that  she  ' 
off  CI  ill  to  sweur  against  people,  as  being  at 
Vou\t..itiL'!e.'i,  uliom  she  had  never  seen. 

DiiUngham,    ^9^e  lodged  in  my  house,  .  iid 
is  a  VfM-y  ill  woman  ;    and  asked  nie  to  hwcm  * 
^  racetiugsthat  1  nevtTrkncw  anythimrof  at 
•U  in  my  life.     I  never  was  at  meetings  but  \ 
l^lmt  thvteoii  yoar^  a^      {  asked  her  why  I  J 


should  s\vcar,  or  what  I  coold  swear  to  ? 
told  me,  1  should  have  a  share  of  the  mi 
if  I  would  swear  to  what  she  said,  whet 
wore  right  or  wittng,  1  should  have  a  slia 
I  would  but  swear. 

L.  C  J.  How  long  ago  is  this  ? 

DiUingham.  Two  years  ago. 

L.  C.  /.  Who  did  you  tell  this  to  first  i 

DUlingham,  My  lord,  I  am  subpo 
here  to  give  my  testimony. 

L,  C.  J.  That  is  true  ;  but  who  did 
tell  this,  that  you  Ulk  of  first  to  ? 

DUUn^ham.  My  lord,  I  never  told  it  t 
body  but  her,  except  it  was  to  my  own 
banil. 

L.  C.  J.  But  why  would  you  keep  t 
a  secret,  and  not  tell  it  to  any  body  ? 

Viltin^ham,  Why,  my  lord,  Tdo  not  i 
it  for  any  malice  to  her  jat  all,  I  assure  yo 

L.  C.  J.  Where  do  you  live  ? 

DiUin^ham.  In  Long- Acre,  at  the  Gn 
Ball. 

L,  C.  J.  If  you  live  in  Long-Acre, 
came  you  to  discover  any  thing  of  a  n 
that  was  transacted  at  Uotherhith  ? 

DiiUnghum.  31  y  lord,  I  know  nothing 
of  my  own  knowledge ;  but  what  she  } 
have  |)crsuaded  me  to. 

X.  C.  /.  But  how  came  she  to  talk  ti 
about  a  matter  at  Rotherhith?  Or,  yon  to 
any  thing  about  her  ?  That  1  desire  to  k 
and  how  you  came  here  ? 

Dillingham.  One  Mrs.  Peirce,  thai 
neighbour,  asked  me  what  I  knew  of 
andso  would  subpoma  me,  because  she  k 
at  my  house. 

L.  C.  J.  How  long  did  she  lie  at 
house.'' 

DiUingham.  I  cannot  tell  ;  I  believe 
half  a  year. 

L.  C.  J.  Well,  what  iHwame  of  her  ? 
did  slic  U^have  herself? 

DiUinghtim.  My  husband  turned  her 
the  house,  and  would  not  entertain  her 
cause  she  kept  compnny  with  a  man  thi 
none  of  her  liusband. 

L.  C.  J.  Why,  can  you  tell  when  they 
niarrif d  i* 

DUlinehmn.  She  went  as  the  wife  o 
George  IJilton,  when  she  was  nor  married 

L.  C.  J.  How  !  Was  sho  not  married  i 

lJtUin"ham.  No,  they  witc  not  ms 
then.  He  was  not  her  husband  then.  ' 
are  a  great  many  of  our  neighNiurs  tha 
say  more  than  1.  She  is  a  naughty 
woman ;  a  very  ill  woman  ;  if  I  sliould  ca 
whore,  1  believe  she  might  trouble  me  ti 
but  I  believe  il  to  be  true 

L.  C.  J.  Have  you  any  nwre  witn 
Mr.  Ri  sewell  1* 

lifls.  .\'',  II' \  li>rd;  hut  I  hope  your  kn 
will  i^ive  me  icavc  to  say  something  t 
court  aijd  jury. 

L.  C  J.  Mr.  Attorney,  have  you  any 
vtitnesses  to  call  tor  tbe'king  ? 

Att.  Gen.  My  loni,  we  have  some 
qcsscs  to  support  the  credit  of  thc^e  witn 


23S1 


STATE  TRIALS,  36  Charles 


that  we  ha?e  produced :  But  we  do  not  tliink 
tbeffe  is  any  »eed ;  nor  that  it  is  any  way  di- 
Biaisbed  by  the  defence  of  tlie  prisoner  at  the 
ter. 

L.C.J,  Do  as  you  please,  Mr.  Attorney  ; 
fo  en  your  own  way  ■ 

'  Att'Grn.  >o,  rny  lord ;  we  shall  trouble 
TOOT  lordship  no  further  with  any  evidence. 

L.  C.  J.  Tlien,  3Ir.  Rose  wolf,  let  us  hear 
vliat  you  ha%e  to  say  further  li>r  yourself;  for 
alltlie  wiuifftses  ha^e  been  heard,  of  one  side 
ia4  the  other. 

Mr.  Hmttnreil.    My  lord,  and  dear  country- 

noi,  who  are  to  hemvjud^  in  this  cause  this 

Aiy,  what  I  now  speak,  is  with  resjM^  as  much 

to  their  precious  .souls,    who  are   concerned 

cidKr  in  prusri'Ution,  or  tryini^  of  uic,  as  my 

mfaf<:ty.     There  is  not  a  man  of  you  of  the 

'jmy\  thc.ig-h  you  are  stranpfers  to  nie,  but  1 

••wl  by  down  my  life  to-morrow  to  save 

laeof  your  souls,  if  I  mi^ht  bean  instrument 

Iktffin :  How  much  more  then  all  of  them, 

i  the  mnsMderation  be  taken  of  the  worth  of 

li  inniortal  soul ':*  Your  lordship  knows,  and 

iai  teosibk',  liow  unlit  I  am  now  to  do  such 

iflhiof  as  this  is,  in  the  company  of  so  many 

laned  raitleiiien  of  tlie  loni;  robe.  1  ha?e  be- 

Inttd  uready  t<io  much  of  my  i^'norance  in 

■^liainf,  and  1  hcj;  your  parilun  for  it ;  and 

Ibably  than k  your  fordship,  and  the  court, 

fcilkiiBdol^encc  tliat  j^ou  nave  shewed   to- 

MiiiBe  in  my  infirmities.    You  are,  my 

M  Mil  the  presence,  so  in  the  place  of  the 

niM,  the  judjii^e  and  lord  of  all,   at  this 

«]:  \m  are    Clohim,  I   have  said  ye   are 

«l4;  wbMe  propei-ty  it  is  to  help  the  weak, 

Mi<p«yiMK>nat<r  the'  innf>rtMit ;    therefore   I 

ttktdki  apfilfig-y  in  reference  to  my  own  in- 

■wat  ii ,  and  niv  ^rrat  inability  to  sum  up  the 

fMbthat  have  bren  in  this  cause.     If  you  will 

|M»y  m*akn%?NS  in  competition  with  their  vast 

M»m,   who    arc  of    counsel   for  the  king^ 

ipOM  mtr,  and  my  i^'norance  in   the  laivs  of 

^  bntf  a:n*in<t    their   arreai  kriowle<lg^e ;    1 

«»r4Hii  cxniTt  lo  he  overtlirown,  notuith- 

■»^".'iio  .  '-e  is  very  innocent,  and  1  have 

Wit.-*  •!  i:'.-  •ve'Sence  of  (rod  the   trulli  of 

■f  bfar:  «lr  .  f..i\  .      An'l  if  1  were  to  be  calh'd 

•iHeliftr  *,!  i!)/.  .J-   si  C-..d,  the  jiu|;^re  (if  all 

*fe«th.  ''..t-jr.-:  I    nU  .p,   I  shoiilft  ^jieak  the 

■■^th"  ••».  i-j;  I    »?ii'.t,   airl   .. »  <itiiir.     fain 

•■■fck  a  lyi  iv  hfith  a  base,  ami  a  vt-ry  \%  irked 

fcuff;  nadtli-:  I  "  i:*.ke  thai  liurieth  with  urc. 

•jTrp  -   \  V.'i  'ill  lujis.     An'l  I  ]»i-ay  Ciodcon- 

'•wth**.-  I'l-ntli  «n»ucn     •'u'nin  they   have 

••!»«!♦•<!  .'f\  :;I*ummI  me    hat  thev  inav  rcpri  t 

jflkirnin  :  m  hich  (I  bU>s  '  Ind)  {  l;:i\c  pray«  •! 

■filrsn  «ii"-.i  il  ivs  f:ver  hiiico  1  was  coiifinnl, 

I  II  ill   (zikI  Willi  tiM'i'.s,  in  rharity   to 

vr:|..      And  !  Wi-lit-ve  I  ha^e  prayed 

^^- — Jus  maie'^ty   in  ime  wicrk,    than  tlsi'v 

■•^d'/otf  ri   ;iil   il;i:ii'  lives,     'i  ii''y   are  n<»t 

.■»lia5'<»  tr.'euds.  hnt  his  ciKMiiit  s  in  hriin^iny;- 

•fclte^atii'Bs  against  ihosr  that  an*  his  inu-, 

iMri,  asid  Innocciit  subjects,  as    I   am,  niv 

pikwnretH. 

*  M  Wre,  my  lortl,  I  woukl  first  observe  the 


AKsferliis 


II.  l684.-:/or  IHgh  Treason.  [S34 

variations  that  are  in  their  evidence.  In  the 
iirst  place,  Mrs.  Smith  swears,  that  the  text  1 
preached  upon  was  the  C>lstchapter  of  Genesis. 
And  hei'c  is  .Mrs.  Hilton  conies, and  she  swcari 
afterwaiHls,thatit  wasthe  i>Oth  ;  herein  they 
\'ary.  Then  I  sujtpose,  my  lord,  if  they  vary 
and  differ,  in  law  they  are  not  two  witnesses^ 
but  difTerintr  so  are  both  of  them  incredible  : 
And  I  thhikthc  Statute  haw  of  this  land  is, 
that  a  man  must  be  convicted  upou  the  oath  of 
two  credible  witnesses. 

Next,  my  lord,  here  is  mistress  Smith 
swears,  that  these  things  were  delivered,  which 
are  char<!fetl  in  the  indictment,  all  together  in 
the  morning-e.xcrcrise,  in  the  foi*enoon :  Whereaw 
your  lonlship  hns  iieurd  from  several  witnesses 
(and  I  do  not  know  one  man  of  them  but  fears 
a  lye  ;  and  would  have  sworn  to  the  truth  of 
what  they  have  spoken.  They  tell  vou)  how 
every  passage  that  these  people  woufd  pervert, 
must  come  in,  and  how  it  was  divided.  I  hope 
your  lordship  will  pardon  the  infirmity  of  two 
or  three,  a  few  illiterate  men,  that  are  weak, 
and  could  not  so  well  instruct  themselves  to 
speak  in  a  court  of  justice  upon  such  an  oc- 
casion :  But  upon  the  whole  matter,  they  give 
such  an  account,  all,  that  it  cannot  be  pre- 
sumed, or  thought,  that  they  should  agree  to 
speak  any  thing  that  was  not  true.  And  1  am 
confident,  there  is  not  a  man  of  them,'but  would 
take  his  oath  (as  I  said)  of  the  truth  of  what 
he  has  here  declared.  And  they  have  declared 
that  there  were  two  distinct  exercises,  as  1  havo 
protested  in  the  presence  of  the  great  God. 
That  in  the  mornmtif  was  upon  the  20th  ot 
( jencsis :  And  the  other  in  the  aftiTnoon  (there 
hi'ing  an  hour  that  past  between)  was  upon  one 
{^articular  verse  of  a  chapter  in  the  Epistle  to 
the  Hebrews,  quite  distinct  from  the  other 
tliscourse  that  was  in  the  morning.  She  not 
only  varies  from  ihc  truth,  hut  also  from  her 
f«>llow-witnes$,  that  it  was  all  in  one  exercise. 
This  I  submit  to  your  lonlsliip*s  and  the  jury's 
consideration  (these  worthy  gentlemen  that 
are  to  judge  of  niy  life  and  death)  whether 
they  are  two  credible  wimesses  thus  varying. 

Thn-e  he  several  other  things,  my  lord,  thai 
iKH^ausc  of  my  pr(>sent  infirmity,  1  may  uot  so 
readily  call  to  mind  ;  hut  which  ought  to  be  re- 
c.illo'fand  recolhricd,  as  in  reference  to  the 
lirr-Non,  w  hr.sr  house  we  met  at.  One  says  it 
was  (>:u- ciipt.  Dauii'l  Wehlv's:  .Another  that 
it  wa^  our  Mr.  Daniel's,  l^herein  again  they 
vary  ir  ''cfi:ivn«'e  to  the  person  ;  and  if  they 
are'oiit  in  one  thing  they  may  be  out  in  another. 

Smith.  I  can  say  nothing  about  hLs  name ',  I 
ncvn*  was  then:  in  my  life  iM-tore. 

L.  ('. ./.  >listri*ss  !  uiistnss  !  You  must  not? 
inten  tuit  him  :  he  is  upon  his  dclcMK'e  for  his 
life. 

Ko.v.  Thru,  m\  lord,  she  sa\s  that  my  text 
in  the  attcriiooti  uus  u])on  a  1*:alm ;  and 
then.'  was  no  sui'li  lliiii^-,  as  yoin*  hirdship  has 
had  il  partirnlariy  nunW  :i|ii)car  tn  you.  1 
have  ingenuously  told  you  thu  te\i  aiitl  the 
truth  :  I  li:iM>  spoki'U  it  from  uiy  heart  in  the 
prebvnce  of  tlie  j;i*oat  Clod  ;    and  ui»on  what 


S35J     STAT£  TRIALS,  36  Charles  1L  i6S4,.^Trial  of  IHomm  Rouwell,     [236 

occasion  e%'ery  passaj^e  that  they  haTe  wrested 
was  spoken  :  And  your  lordship  may  thereby 
perceive  how  most  abominably  they  nave  per- 
verted my  words.  Now,  they  having  wr»ted 
my  words  that  are  innocent  in  them^lves  (so 
itir  from  being  treason,  that  I  do  not  know 
there  was  any  fault  or  crime  in  them ;  being 
only  plain  scriplural  proofs  of  doctrinal  pro|K>- 
positions  in  divinity,  without  those  applica- 
tions that  they  have  pretended  to),  certainly 
your  k>rdship  and  the  gentlemen  of  the  jury 
will  consider  what  is  most  probable  or  likely  ; 
what  they  have  declared,  or  what  you  have 
beard  from  the  several  witnesses  that  1ia?e  coiofts 
in  lo  testify  concerning  me. 

My  lord,  I  was  going  to  s^ak  somethiog  to 
your  lordship  of  the  great  wickedness  of  their 
making  the  application  of  what  was  innocently 
spoken  and  meant,  to  the  late  king  of  England, 
and  his  present  miyesty  whom  I  daily  pray  for, 
and  always  did,  whatsoever  these  witnesses 
have  declared  concerning  me.  And  your  lord- 
ship has  heard  my  maid  testify  (whicli  I  little 
expected)  that  I  used  to  pray  fifr  the  king  every 
raoming  and  evening  in  my  own  house ;  and 
God  knows  that  to  him  I  have  addressed  myself 
for  him  daily:  And  more  than  that,  she  heard 
me  (when  I  thought  none  hot  the  God  of  hcAven 
himself  had  heani  me)  pray  for  him  in  my 
ck>set.  I  would  desire  your  lordship  and  the 
jury  to  consider,  whether  these  are  not  the 
criminals  (and  not  I),  that  they  have  ooada  ap» 
plication  of  innocent  passages,  and  wrested  the 
words,  that  were  plain  and  innocent  in  them- 
selves, to  a  wrong  meaning,  to  make  me  guilty 
of  High -Treason  ;  apply  lug  them  to  his  ma- 
jesty, when  I  never  uiicuded,  or  thought  the 
least  of  any  such  thing. 

Mv  lord,  I  doubt  not  but  there  have  been  se- 
vrruf  that  have  joined  in  it,  that  have  helftcd  to 
frame  and  forge  this  accusation  against  me. 
And  there  is  that  which  T  suggested  to  your 
lordship  in  the  morning,  in  the  beginning  of 
this  cause :  These  |>crsunK  have  not  only,  or  so 
much  sworn  nic  a  knave,  hut  a  perfect  fool 
and  a  madman,  to  speak  such  absurd,  incohe- 
rent, inconsistent,  solccistical,  and  nonsensical 
things.  I  believe  there  is  no  man  of  common 
sense  and  reason,  no  genth^man  that  is  here 
this  day,  that  cum  imagine  that  a  person,  that 
had  the  use  of  couunon  sense  and  reason,  should 
speak  such  absurd  things  as  these  are.  Be- 
sides, my  lord,  I  ha\e  brought  witnesses,  se- 
veral of  them,  to  testify  there  never  was  any 
such  thing  spoken  by  me,  as  they  have  trsti- 
tied  against  me,  and  nilsapplii^.  I  have  like- 
wise proiluccd  scv(M*al  |H-rsuns  to  gi%'€?  evidence 
of  my  usual  and  constant  pracrticti  with  relation 
to  the  king  and  govern meui  all  along,  my  con- 
tending fur  monarchy,  and  against  anarchy, 
which  did  too  much  reign  in  these  late  days  uf 
confusion,  which  I  remembi-r  by  very  sad  ex- 
perience, though  I  was  then  indeed  biit  a  child. 
And  when  I  came  to  he  a  man,  I  used  always 
to  observe  the  .SOtii  of  January,  :uid  the  20th 
«vf  May ;  preaching  upon  thosc*da>  s,  and  press- 
in^   people  tu   ouedicuce :    auJ    inveighing 


af^^ainst  those  that  had  acted  against  their  prin- 
ciples, and  were  rebels  either  agamst  his  pre- 
sent majesty,  or  had  been  concerned  in  that 
barbarous  act  agamst  his  royal  father ;  which  I 
did  utterly  abhor. 

And,  my  lonl,  mcthinks  it  should  have  heco 
very  unlil^ely  that  a  man,  that  should  make  it 
his  common  practice  so  to  do,  as  I  have  terti« 
tied  concerning  myself,  should  fall  under  wch 
a  suspicion  and  accusation,  as  I  now  am  ;  or, 
that  such  on  one  should  fall  into  such  a  solecism, 
as  the  words  tliat  are  testitied  affaiust  me  mart 
import  ;  it  is  very  unlikely.  I  leave  it  to  the 
great  God  uf  lleaveu  to  Viodicate  my  inoo- 
cency  in  the  matter ;  which  1  do  not  question 
but  he  will  do. 

Then,  my  lord,  here  are  several  gentl< 
of  the  church  of  England,  that  have 
concerning  my  conversation.  They  have  had 
acquaintance  with  me  many  years,  some  of 
them  near  20  years ;  the  kast  8,  10,  or  18. 
They  never  heard  an  indecent  word,  with  ra- 
pect  to  his  majesty,  or  the  govemmeiit,  fidl 
from  roe;  any  unwortliy  reflection  upon  either 
of  them :  But  my  constant  practice  was  l» 
pray  for  hb  majesty  with  all  eametlnen  ani 
solicitnde.  There  arc  several  of  tbein  fan* 
tlemen  of  repute  in  the  city.  There  era  pir- 
ticularly  two  persons,  that  belonged  to  an  hi^ 
nourable  famdy  in  which  i  lived  eo  mmf 
years,  who  give  a  testimony  what  my  convcfw 
sation  there  was,  and  my  constant  practice  if 
praying  for  the  king,  while  I  was  there.  Thii 
your  lordship,  and  die  gentlemen  of  the  yarfp 
have  heard  aiid  observed,  I  doubt  not. 

But,  besides  that ;  your  lordship  and  thejnry 
I  hope,  obsen'c  as  to  these  people,  who  nraw 
against  me,  what  my  witnesses  have  testified, 
that  they  would  swear  any  thing,  and  finw- 
swear  it :  and  what  a  character  is  given  can*- 
ccriiing  one  of  them  particulariy,  yourloniihb 
has  heard  from  that  wortliy  gentleman,  nr 
John  Talbot,  whose  face  I  never  saw  befoin  H* 
was  in  this  place.  And  by  tlie  last  witnea^ 
you  have  a  testimony  concerning  her  lewd  can* 
versation.  And  siiveral  other  witnesses  pratn 
she  would  swear  any  thing  for  them,  it  they 
would swifar  fur  her.  So  that  it  appears  aht 
would,  and  does  swear  at  a  venture  such  and 
such  conventicles  ;  only  unon  hear -say,  and 
mere  report :  and  that  she  lias  taken  moncgf^ 
and  made  some  comp(»sitions  too.  These  thin^ 
f  must  refer  to  your  lordship,  and  tlieae  worthy 
gentlemen  who  are  of  the  jury. 

Ifthf-n,  my  carriage  and  conversation  te ' 
well  known  in  the  world)  be  compared  wilk 
that  character  that  is  given  of  tliese  persons,  !• 
niiibt  humbly  submit  it  to  your  hinlship,  anA 
the  jur^ ,  how  ihr  they  arc  to  bcbelie%cd  againil 
mc  ;  and  might  argue  from  the  incrcdiUTity  eC 
their  testiinuiiy  :  but  your  loniship  cannot  bnlr 
remark  it. 

31y  lord,  it  is  very  strange,  that  these  t«# 
women  sliuuld  exactly  remember  these  words* 
They  agree  in  every  paiiicular  circumstanco* 
I  durst  appeal  to  your  lordship,  and  the  jnrf^ 
particuhiriy  to  thejnry,  if  now  the}"  would  on-* 


m 


STATE  TRIALS,  36CHAlltKs  IL  l6u.—f€r  High  Treason, 


r338 


ilateke  M  rapcti  upon  tUeir  notes^  the  words 
ibiihiT^fo  o4le»  been  repeated  liere ;  and  whtt- 
iber  tfcoe  is  any  of  Ibcn  woulil  be  able  to  agree 
kiitliie|MUtieiiUirwqrds?  They  have  an  in* 
"'*'  t  memory,  that  couM  so  exactly  agree 
thnt  tbcae  wen  the  i^ords.  f  do 
*usto  yuur  lonUUip.  For,  my 
n  1  i .  f'ss  ot  my  defence  very  much, 
Itely  upuii  Uie  incrcdiluliiy  and  improbabi- 
ft  kill  evi'u  ibf  iiupus>ibitiiy  of  llie  cvideni-e 
1  tWy  ba^**  t:tv(*i»,  I  liuiiibly  submit  it,  1 
wy.  twyour  bnkbip,  anil  these  gentlemoA  ; 
tlulkai^cH  with  thtfUt  and  the  great  God  of 
Emtfii,  ^]iom  1  prBy  to  direct  ihem.  1  hope 
tiiBy  will  rtHifiuler  the  lite  of  a  man^  and  the 
ittirtb  of  blood.  My  loni,  however  I  am  repre- 
waled  ih»day^  1  know  mysiLf  to  be  a  iaithful 

aKt  to  his  majesty  ;  and  to  the  great  Gtid 
^     eaieti,  wbose  I  am,  and  whom  I  desire  to 

tfy  kid,  1  will  now,  if  you  pleaie,  i&genu - 
■_  ^  ^^-_j^^y  crime,  if  it  were  any»  1  have 
Dtly  preaching  in  my  congrega- 
liatt,iKilol*yie  scriptures,  and  it  b  true,  as  your 
Mdup  ««ct,  the  chapter  came  then  iu  course 
to  be  expottodcd  :  which  1  useil  to  do,  to  let  the 
undefstand  the  scripture,  as  well  as  J 
I ;  lor  th«  people  perish  for  lack  of  know- 
! ;  and  it  i!i  by  the  kno%vle<tge  of  Jesus 
^  'i  V  must  come  to  hit?  and  salva> 
know  is  life  eternal.  It  has 
**^jr    lo  expound  the  scriptures  to 

mf  h  Ui£  presence  of  the  great  God,  before 
ilapeftk,  towliom  t  can  appeal  for  the 
landmiegnty  t»f  what  J  «iay,tliat  Godiiefore 
ibotu  we  must  uilsiaod  (all,  Whose  faces  I  see 
'  slulJ  meet,  und  see  one  another,  at  the 
tribunal)^  It  ii  to  this  God  tliat  I  appeal 
Itdlhv  truth  of  my  heart  in  these  thing;;, 
lad,  tny  lord,  1  shall  continue,  as  I  have  done, 
kMtevi^  God  diiiposeth  of  me,  to  pray  for  the 
lilriii'}  ssof  his  majesty  :  my  usuai 

_  and  evcniog^,  being-,  that.  God 
rn  uim  with  grace  here,  and   fflory 
tJicreafter.     And  this   I  shall  do  by 
^''  ^ '  d  unto  my  dyin^-day  ;  for  my 
-Mch  things  OS  have  been  tM*. 
i..i^  thi*i  day 
'  lord,  1  have  dealt  tu^  plainlv  ivitb 
■irn\  thi-  inrv,  n§  I  ca«.     My  in- 
'..' to  leave  my  whole 
'■'■  with  tliese  worthy 
country  lilt o<,  who,   I  do  not 
V  i\  jitst  rompa*»sion  and  con- 
e,  under  these  circum- 
Mid|   and  to  all  the  cir- 
Uicus  tlialtuve  been  made  out  in  this 
ttM this  Jay. 

L  C.  J.   '*      '        'ley,  will  you  please,  or 
f  m1'  tht:  i  i^eli  to  say  auy  thing  in 

ittef  ; 

^Oen.  Bio,  my  lord,  we  leare  it  entirely 
r  lordiyp. 

C.  J.  GGitlemen  of  the  jury,  thif  case 
k||  bcU  a  long  ttuie  ;  and,  gentl«meQ,  f  must 
liyQu,  nob^yougiitlo  think  time  too  long 


in  a  case  of  this  nature,  wherein  the  gotcm**^ 
mentis  so  much  concerned  on  tli«  one  sidef^ 
and  the  life  of  the  prisoner  at  the  bar  on  thi 
other.  *  Et  de  vita hominis  nulla  est  cunctatia 
'  lOTiga.'  I  think  no  man  ought  to  appreliend 
his  patience  too  much  tired  in  finding  out  tlii 
truth  in  the  case  of  a  person  that  is  tried  tor  bii 
life.  However,  gentlemen,  by  the  way,  I 
cause  the  case  has  been  long,  it  is  fit  that  th 
should  be  sonie  recollection  made  of  it ; 
in  order,  ns  near  as  1  can,  that  I  might  lielfi 
your  raemoriejs  in  the  evidence  that  hath 
given,  both  for  and  against  the  prisoner  at  th 
bar ;  I  would  endeavour,  as  well  as  1  can, 
repeat  at  least  the  substantia]  part  of  it  to  you  | 
and  in  c.i&e  any  thin^  that  is  material  he  onut 
ted,  God  forbiJ  but  it  shouhl  be  supplied 
any  one  that  is  able  for  to  give  any  assistanc 
of  that  kind  y  for  V  cannot  pretend  to  be  »o  eX4 
act,  as  to  give  an  account  of  the  whole  eviJ 
dence  myself  But,  gentlemen,  I  must  teT^ 
you  it  isa  duty  iocumwent  upon  the  court,  i 
give  you  all  the  assistance  that  can  be  in 
matter  of  this  nature,  and  I  will  do  it  with  i 
much  integrity,  and  with  all  the  care  and  cau 
tion  of  doing  no  injur%%  either  to  the  prtsone 
or  to  the  king,  lietweeu  w'hom  we  are  to  be  in«( 
different,  both,  you,  and  the  court,  as  possibU 
can  be,  that  there  may  be  no  wrong  done  oi 
the  one  side,  or  on  the  other  ;  and,  according 
as  the  prisoner  lumsolf  both  said,  w  hat  1  sha 
!«peak,  I  know  I  Kf^enk  in  the  presence  of  tb 
great  God  of  heaven  and  earth,  who  is  to 
the  judge  of  all  men.  We  are  upon  oar  oaths 
and  you  are  upon  your  oaths ',  and  we  arc  all  t 
us  bound  by  our  oaths  that  we  have  taken,  to  1 
guided  in  ibis  weighty  affair  (for  so  I  must  call 
it)  by  the  evidence  that  has  been  given  to  tis  i 
this  time,  both  against  the.  prisoner,  and  fo 
him.  For  certainly  there  cannot  be  a  thing  i 
greater  concern,  nay,  even  in  point  of  oom« 
passion,  than  to  see  any  man  come  to  be  ac-^ 
cused  of  so  high  a  crime  as  the  prisotier  at 
the  bar  is  now  tried  for.  And  he  must  have  a 
strange  obdurate  heart  and  conscience,  tliat 
cannot  so  far  participate  of  tlic  comofton  sym- 
pathy of  hun\an  n.nture,  and  his  fellaw*Gmt«i 
tures^as  tocumpas*sionateany  one  that  i 
in  such  cireumstauces  as  the  prisoner 
But  then,  on  the  other  hand,  the  denials  of  tha 
prisoner  at  the  bar,  with  all  the  imprecation 
that  he  has  made,  and  at!  the  affirmations  tha 
he  has  offered  of  what  lie  has  formerly  done| 
and  all  these  things  of  his  appealing  to 
great  God  of  Heaven  about  his  moocency,  tha 
I  must  tell  you,  of  themselves,  they  are  not 
weigh  with  you  ;  for  jour  business  is  to  ktiow^f) 
according  to  the  oath  that  yon  have  taken, 
whether  you  have  eiidence  given  to  you 
(since  you  a  re  sworn  upon  this  trial)  to  satisfy 
vou  that  he  is  guilty  according  to  that  evidence, 
^  that  if  the  attirmation  of  the  person  ac42 
though  attended  with  never  so  many  uap 
tious  one  way  or  other,  be  offered  to  persQiMi^ 
are  in  your  case,  as  jurymen,  it  is  not  to  wc 
with  vou  at  all  one  way  or  other,  if  it  be  o„.^ 
the  atifirmation  of  the  party  accused  j  for  if  so^ 


180]      STAtE  TRtAJLS,  SG  CiiABLES  IL  l€U^T}*iat^'I%ammm$meN.     \i 


I 


I 


IbMillierttiVfl  aid  never  be  anj  gfuilty  f^ieraon 
bftiu^lit  W-riifp  i»rtv  'mrv  wliatCTemer ;  or  any 
Of  I  any^a<^^i€at,  or 

be  if  hisr  Q\%n  aifir* 

mitiilii  I  iiiii  I  iiiini,  hmtM^ii^  and  hii  own  com- 
MtodBltioiis  of  [itinscir,  woutd  be  nitfiiaii^nt  to 
■equit  liictK  iirn\  set  aside  liia  aecu^alioh.  ^ 
tbat  hi»w  yon  arc  10  {(ti  accordifi;^  to  tbe  evi- 
dd  ~      l.  And  so  are  we,  a^aicuit  this  per- 

i4K:  lV»re  you. 

<it_!iiHni>°ii^  lamsjlsay  tliat  it  is  very  unto* 
wiird,  and,  I  bope^  by  this  cause  there  v»Hl  be 
ftimmiiig  giveD^  at  Least,  to  other  persotii:*  that 
Ibere  k&ve  \t^n  too  many  notorious  tmnB^ 
grsMOtB  of  the  law  in  this  mcnter  of  convett^ 
tidoi.  1  Bpeak  that,  not  to  affect  this  ease  at 
all;  but  1  speak  of  what  the  nation  haih  hail 
Intlao  woftil  ex^i^rience  of,  ds  to  tUefiCsetiittouE 
meetiD^f  thiit  tire,  and  have  bec^o  contiuiiallv 
kept  up  in  opposition  to  the  laws  ;  and  I  speak 
tiothtn^  a«  to  the  rneeting  that  was  at  this  time ; 
hui  I  *pcak  it,  that  others  may  be  warnwl  for 
futiire  tiroes ;  for  always  miiiK^hief  attends  the 
nptm  and  public  traoagresaion  ot*  tiicj  law.  God 
lorbkl,  hut  that  people  should  uorsbip  Uodj 
aodserrte  him,   ai  i  *  their  own  cf>n* 

•cieocies;  iberufoi  lia  been  so  indtiK 

gttA  to  tbctDf  m  t<»  L  :  \  t>  iiiLm  leave  to  e^xcroi-^e 
ibfirrdigioii  in  othci  munnerthan  us  i^donr  in 
thecbitrvli  of  Eugbitd;  providi-H  ''■  -   ' 
any  oirasiou  «jC  tumuU  ;  but  tli:*^ 

ahtfir*  tive^  except  those,  of  the  s.i...,    ,..\, 

Iteting  ttjgethcr  ;  i^hich  yon  knoiv  the  act  of 
pafkament  Imth  provided  lor.  And  the  truth 
of  it  is,  the  rta^son  of  ibe  Ltw  i*  very  plain  r 
For  yon  all  know,  who  at*e|rcntJlrnKV  oi'<]na- 
hly  f  that  ibis  law^  as  well  as  another  law,  that 
has  so  great  a  rehuioii  to  the  cTiS^  bHbre  you, 
liwes  declare,  that  from  I hes*  .  of  ae- 

dition  and  tiiclion  rurif eatici  i.c  clubs 

and  cabalK  of  discontented,  uic^ui^ir  j)eople, 
dtaaiTectetl  tolhelawsb'Jth  of  chiin:h  undiitate, 
Wasllie^rcat  mi:afebicf  and  cnidiLsiuti  (fmt  W]i«? 
tMrOQght  upon  us,  and  ivhich  at  Unifxtli  brtiu|^'^lit 
IB  into  thethstmctions  of  tb«  '  '       ^     , 

Gentlemen,  I  mustt^ay  hk  lo  yon, 

tbat  wbatsoevcrtlie  prisoner  «. x.r  thinks 

Dow>  tliat  Wcased  martyr  kin^:  iU»arb  s  the  list, 
was  by  such  means  brought  to  that  bovrid,  qc* 
nursed,  murderous  death  and  (Tud ',  1  cannot 
Qftllitl«s«than  so,  in  relation  to  the  persom 
that  brought  him  to  it,  nuder  the  prtitence  of 
religion.  It  was  the  cry  of  I'optJiy  and  arbi- 
tnty  power,  of  whicJi  he  was  no  way  gnilt;\% 
tlkuug-b  that  was  insinuated  into  the  rViinds  of 
•iiiy  fieople,  those  ignorant  souls,  that  wcxe 
eMtly  £aptrra|ed  with  a  base  1  ye  :  but  th:U  wok 
lb«  I      Many  of  yon/  '    j  rm,  that 

m»  Aigy  remember  ii  ":  ;  and 

many  oi  >iiu  mfe«  and  eami<pi  duk  jmveseen 
and  raadlneiiisliiry  of  tliose  times,  ami  hare 
hien  so  eonTennnt  with  the  practice  of  thejte 
people  suice,  tliatyou  arvabte  to  make  ujud|^* 
lacttt  in  the  matter.  Ail  these  sort  of  ibhigs 
wet  but  pfetmces,  and  Mr  jhcws  of  djingwous 
■ad  §edili«tis  people  ;  that  which  vitis  tnoit 
tlMgeDoiia  to\is»tthftltiiius,ttDtl  |.ani  apt  to 


fe  will  be  s^ 
peop1<i  come  i*t  ■ 
dition,  iti> 
Fnr,    a  rati.  ; 

It  a^iost  tiie   i 
'  i  of  the  citshtoTi 

the  Uiutiii^  any  dnim  in  t 
well  known  these  Mr*»  Hte 
laction*  that  luit^ 
lh«re  lo  in<3F>nse 
rillanic3$  cbat  tjo: 
us  we  know  ;  b- 
UH  into  thnt 
time^:  At: 


kiai^^m  chain«i, 

iron  ;  and  raises  (     ^ 

of  scripture-,  that  were  ci  i 

quite  tar  other  purpof»(!s,  i<> 

prsf^ices,  to  make  |»oople  kih  . 

aootntnd,  itnder  pretence  of  ^/i 

tecting  the  anointed  of  God.     iiut  mIm 

tbcy  tneun  byit'^  Prrty,  how  did  lUejc^ 

come  t4»  t)\  \:  '     :  ' , 

pery,  whi  ; 

ntl  luannur  i»i  r*  iif^i^i^'ii,  tnnu  r  n 

1 1  tut?   t^M    that   you  jfrew   to   ! 


to- 


Ihey  cuine  all  Uito  ofhie^  and  the    more  < 
va^nttbc  ni(»re  im  trrrtd ;   no  that 
t he  bf (^Kio ^\xtu\  I r  p ro v ide at^ I 

by    a   seixjud    >'  n.    trdueiiiu^    i 

some  sort  of  onler,  in  i^«t* 
jesty  (whom  I  pray  God  t^ 
orer  IIS  ;  and   sr»  ott^lit  all    U'\ 
pray),  what  a  uiiM-rabk  condith 
in  !  And  I  may  call  it  a  sr 
hvUtiT  the   re^urpcetion  oi 


U, -  ..,. 

SOTS  of  it  V 

were  the  |!i. 
Gerulemen^   I 

Tnv\  -i,  t!):it  havr  i 

king,  have  {nkvu  not  ice,  that  t 
.  all  the  tnischief  hath  lH<en  > 
Akid  iliui  the  (i^reat  iucc^ndiaries  of  all  sorts  j 
boiliou  wr-rp  tltr^e.    \'^'\\*^  took  njton   fli 


known  to  you  nil,  that  I  must   leave   to 

and  tr I        -     ^^'.  i.-i     ,j|*ane^  to  Ih 

case,  '  ■  iti!T>;    ttM 

ibnt  t                   not  jibet  orassiist  in  any  1 
tii  '                       ,  or  that  is  known  to  her 
!                          1   they   think;    far  the 
M                       *:pon  Tt  one  f line  or  aontlu 
them  prvtetul  wbat  th«y  will,     Aa  lb  at 
1 


941] 


STATE  TRIALS,  36  Charles  II.  l6S4.-:/or  /%*  Treason, 


mi 


t1«nan  say^,  he  undertook  to  expomul,  and 
teach  his  people  the  koowlcdsre  of  the  f  lOrd  : 
the  kiiowledi^  of  the  Lord  is  a  very  ^ooA 
li-sson  to  he  learnt,  and  to  ho  tauq^ht  all  pco-  | 
j)le;  but  blessed  be  God,  we  thank  him  for  ■ 
it,  we  have  chnrchmcn  of  as  gfreat  learning  | 
(without  an V  reflection  upon  the  gentleman  at  | 
the  bar)  as  lie  can  pretend  unto,  and  fiien  as  ' 
pious  and  virtuous  ;  and  perhaps  we  may  say  I 
at  this  time,  with  a  little  more  confidence'  than 
ordinary,  that  we  have  as  learned  a  clerify  as  I 
crer  was  since  reliipon  was  kno\%n  within*  this  ; 
kingdom.     And,  Goil  be  thanked,  these  men  ; 
are  not  only  learned  for  then\^lves,  but  they  \ 
exttt  themselves  for  the  jjood  of  others,  for  the  I 
satisfaction  of  that  duty  in  whicli  they  are  > 
nnplovcd,  by  their  due  and  constant  attcn'ilancc  • 
npoD  the  worship  of  Go<l,  in  their  places  of  • 
worship,  the  churches,  which  are  by   law  np-  • 
|ioiated  for  it:  and  we  need  nut  run  nito  holc&i,  ; 
aod  comers,  and  conventicles,  and  clans,  to  un- 
derstand the  word  of  God,  and  the  practice  of 
our  duty  towards  him,  or  towards  mm ;    br- 
caasewe  have  churches  to  apply  ourselves  to, 
where  we  may  learn  to  know  God,  to  ohcy 
bin,  and  theni  that  are  put  in  authority  under 
him ;  which  I  am  sure  is  a  duty  incumbrnt 
npon  evary  preacher  of  the  woril  of  God  to 
insist  upon,  and  press,  and  ur^c.     And   I  am 
lure,  wnouoever  pi^eachesata  conventicle,  can- 
not with  a  safe  conscience  preach  oUidieiico  to 
the  civil  magistrate  ;  because,  while  they  are 
in  that  very  preachin<r,  they  are  actin|>^  (lis- 
oMience  ajgainst  his  laws,  iii  retard  what  they 
do,  is  against  the  authority  of  those  law  s,  under 
which  they  live ;  and  no  man  ctm  preach  well 
afifaiost  that  which  he  knows  in  hu  own  con- 
adence,  at  the  same  time,  he  is  practising  him- 

So  that.  Gentlemen,  I  must  tell  you  litis  is  a 
wonderful  dangerous  tliiiiti^ ;    and  thcrofore   1 
give  it  as  a  caution  to  all  people  to  l>eware  liuw 
tlifv  break  the  lauK,  by  jjoingfto  such  meet- 
ing^ and  conventicles  as  these  are  ;    fi»r  it  ivill 
hare  at  the  lonpf-run,  one  time  or  other,  a  very 
dinsrerous  issue.     And  there  Ik  another  tliiu«^ 
which  is  wonderful  danuerous  too,  to  see  what 
shoals  and  cruuds  of  i>eopl(>  cokiie  to  thcs4'  :?oi1s 
Qi'nieetincfs  ;  people  of  all  sorts  of  mean  tractes 
aod  professions.     And  how  easy  is  it,  if  a  man 
bis  a  mind  to  insinuate  into  some  kIIIv,  i^^^no- 
rant  people,    common,   illiterate  fellows,  (hut 
cm  neither  write  nor  read  some  of  tln'ni,  \  it 
thereby  to  feel  their  puis**,  to  see  whelh'-r  ility 
«ill  swallow  down  such  a  thinpr,  or  such  .'tp-.J-  { 
lenceat  first  1*  For  they  dirl  not  iu  the  l.-.te  | 
times  bei^a  with  open  reijeltion,  and  pr(\'t(.'Iiin«f  I 
the  doctrine  of  deposinjy  of  princes,  t-r  hrii-.y;-  j 
ia^them  to  the  block  ;  hut  tn(*y  tht  d  w\{\\  ^c•• 
veral  previous  ways,  and  as  the  l>:.it  mih!:,  , 
lod  was  snckcnl  in,  they  attcm])tcd  to  try   i'ln  - 
ther.     Tliey   applitrd  themselves   [iiTiUuully 
to  pursue  the  temper  of  their  ainlitorv  ;    ami  ! 
therefore  we  must  ha*e  a  ijreal  drul  I'f  cave  to  ' 
Irerent  all  such  mischiefs  as  these  are  for  the 
lature,  that  they  may  pive  no  eonntciraiice  tn 
•ich,  who  pretend  to  be  expositon>,  but  arc 

VOL.  X. 


very  ill  ones  of  the  scripture ;  and  t'lereby 
inslil  into  the  minds  of  men  siieh  danirerous 
and  lu-rnirii-us  doctrines;  that  the  snipture 
may  not  be  perverted,  to  give  an  authority  t«» 
Kucli  desp<Taie  ihings  as  these  are;  for  we 
have  known  over  and  over  how  easily  peopl-j 
are  drawn  into  mischiif  in  this  ai,'e,'cvcn  by 
the  very  same  train  that  they  were  in  the  timo 
of  the  late  rebellion. 

Now,  g'cntlemen,  these  thingfs  being  pre- 
mised, I  would  take  notice  to  you,  that  th« 
thinir  now  before  you,  is  a  question  of  a  dif- 
ferent nature  from  what  I  have  now  spoken  of* 
It  is  not  the  <]ucsiinn  that  you  am  to  try,  whe- 
ther he  preached  at  a  conveTiticle  or  not  ?  or 
whelherthedoinijf  of  that  wliich  he  did  in  so 
preachiiij;',  is  ai^ainsl  the  law  or  not ;  but  whe- 
ther he  did  at  »fiy  nuf'tin*^  (especially  as  to  the 
time  that  is  pailit  ularly  sjiecified)  .speak  words 
of  the  same  suhstaiice!  to  the  same  effeci  and 
intent  that  are  coinpn*'ed  in  the  indictment.' 
Forfhouf»*ii  he  did  preach  at  n  conventicle,  and 
the-ehy  did  tranpfrrc^s  the  law  :  yet  in  rase 
he  did  not  preach  to  the  suh^taiicp'  of  i^  jiju  is 
contals:ctl  in  this  indictuic  nt  that  hath  been 
read  uiitoiou,  and  that  I.e  is  accused  of,  he 
must  be  acquittcfl.  That  I  mnst  dor-lmo  lo 
>ou  iorlaw,  as  no  doidil  it  must  i>p  ai'know- 
letltfcd  by  me  to  he;  tlHTelon*  you  :ire  to 
take  care,  upon  your  ccmseiiMi'.'es,  t  i  try,  and 
consider  whi.-theror  no  v«:n  believe  th*^e  three 
witnesses,  that  have  been  produced  Ri»;ainKf 
him.  swear  true,  orareg-uilty  of  \^ilful  perjury. 
For,indo\niri;»ht  idaiu  Knglisli,  they  are  gfuiliy 
of  pirjury.  if  he  be  not  ijuilty  of  the  Worifs 
laid  in  the  indictment.  One  of  the  two  is  cer- 
tainly true;  either  they  are  gf"ihy  of  perjury, 
or  the  prisoner  at  the  bar  is  t^uilty  oi'  tiic  trca 
sun  laid  to  his  change ;  I  pray  Gtuldiivet  yoU 
in  your  enquiry ;  lor  it  is  a  iiue.Niion,  1  must 
i.eeds  ••-ay,  f»f  \ery  •^resit  dirii%-ul{y. 

Gentlemen,  fur  tiic  inti'Uti.-n  of  a  man'» 
heart]  UMist  tell  \un  i[:is  tor  \ji\\\  us  to  \\w 
eoinpiiv^iitjr  and  ima'^iuinu;'  oi  tin;  drath  of  xV.m, 
kinjuc,  it  is  not  to  bo  di:.coveiX'd  but  by  sonic  ae 
tion  ;  MMue  wcird,  or  o\eri-act,  there  uiiyht  I'C 
to  interpret  the  tecrti  imai^ination  of  thelieart. 
It  is  impossible  to  diseo\er  or  disirlose  tlie  iuui- 
irinution  of  iiiiy  nni;'s  heart,  except  we  Ik*  di- 
rected to  that  cliscovcn-  by  wonis  or  actions. 

Now,  jjenilemen,  words  tliut  in  tiituiselve!> 
\\vi\  bear  a  jrorid  (..(instruction,  and  are  ^uod 
words,  yet  coopled.  with  actions  that  are  e>ii,  or 
otlier  word*;  that  are  evil,  these  very  word» 
may  Im'  i«  di*covt  ly  of  tl.e  c»ii  iiiiSi'Viiation  that 
is  in  a  inaii's  iuart.  As  \*>  r:  j.riSi  myself  in 
a  \ciy  f-iuiiiiar  lixuuii.l"  fov  tlje  perpoct-,  that  1 
ni-uv  niul.c  tiiiitosas  plain  as  i  oiui.  i'or  that  is 
i:i  V  «lesi4ii.  ;uid  ouj^ht  to  be  cveiv  one's  that  is 
cur.eernet!  in  &ueh  a  m.v.ter  a:;  tliis.  Because 
we  liavc;  i.:ul  .seincdicourse  concerninj^thelat^j 
Mrvh.-il  n:ariyr  kinir  i'lu.rUs  tlic  I'iiat,  he  uas 
here  brouiLihi  to  a  shaujbies  efju'otice;  for  1 
cannot  e::il  it  a  c<)ui  t  of  ji;-  lice,  however  they 
called  it  a  l.i;rh  court ;  and  there  w  as  a  kind  of 
moekerv  "r  j».»ij:iyiitry  of  a  tii;\l.  lie  was  ar- 
raigned* and  tried  fof  treason,  aod  a  new  na- 

K 


STATE  TRIALS.  36  Ciiaelbs  XL  l^Sl.—Triai  ^  Thmai  fbmwflh     [ 


I 
I 

■ 

I 
I 


tiooal  treofiou,  oevcr  yet  invtriitcd  aor  knovTii  of 
Wfor^  umoug^t  us,  irc^oson  ogaiasst  liis  peojilc  ; 
I  gay,  noiv  and  uevtr  tliought  ot  till  tbtse  lun- 
ch erly  fello^T^  that  sjjruug  out  of  tlj<^  jshattiMc^, 
crime  to  nut  it  in  practice ;  ercctin'j  w  hat  iliey 
called  a  »l^U  court  of  justice,  but  v%hicli  wus 
truly  to  lie  called  a  bigii  court  of  injustice  ;  and 
thea*  they  %vcrc  to  have  sorwe  come  uud  cry 
J»i*»tice,  juMice,  justice  upou  tlie  kiu*f.  Gen- 
lltmeo,  justice  k  a  ^ooa  word ;  but  if  ibat 
word  be  usceil  and  suoken  ks  it  was  in  that  cftse^ 
m  order  to  bring  tlie  king  to  his  daitb,  that 
wbicb  was  g  i^ood  word,  and  if  otlitTwise  u^d« 
had  been  ti  proper  woid  e\cQ  at  that  time  ; 
tliat  l^^  if  Applied  to  gooil  purpose,  to  set  the 
kin«j  und  the  aaiioo  free  ;  yet  beiii^^  applied  to 
tlie  ill  iQ^iu*^  Uiftt  sucred  martyr  to  so  borrld 
and  bai'lKituos  n  dt^atb^  tbttt  was  plain  down- 
H^bt  treason  \  aiid  I  inaike  no  diHiculty  rn  the 
world  (nor  can  »ny  man  tbat  UDflenituQds  any 
thiut^)  that  it  was  so  by  law  ^  and  it  was  an 
Ovcrt-4vrt  sufi3cient!y^  iudicaliug  the  ioLcntioD 
of  all  [mrsons  tbul  were  therein  concerned  to 
put  aud  btijiy^tbrkin;^  to  utter  death  and  de- 
jitruetion  ;  atid  all  these  fclhm&tbat  made  use 
of  that  ^<Hxl  wonU  Justice,  justice,  pi&iiee. 
Were  all  imdoubtetl  Iriiilor*;  raukiog  use  of  it 
i^r  that  ill  purpose. 

GeiUhinen,  agkin  ;  suppose  if  Mr.  Cook 
was  a  mail  of  luw^  lliut  was  sulicitor  of  wlmt 
they  calltd  the  commouweahb  at  that  liiue, 
solicitor  to  the  state  {I  only  speak  ibis  to  e\- 
luin  my  min<l,)  if  he  coniei*  (when  ibc  kin^ 
ad  just  ground  to  dispute  the  authority  of 
that  conn  of  iujuslicef  ilutt  be  was  drii-^iTtd  to, 
and  refused  to  pleml)  and  docs  pray  jud;:toc[it 
Hl^atDst the  kiiij^,  as  he  did ,  nuditwj^  proved 
•thb  tri«l,  jtidgnient  aloue  uu^'ht  be  tlicre 
meant  :i,s  tcntliui^  to  c^'^usc  the  kiiig»  us  well 
%H  to  wnlcnc*  him  to  dv^ulh  ;  yet  he  being  theie 
prayitij,^judHrinent  ii^amst  the  kin^'.  and  vvhich 
was  afterwards  at  Ins  [nay er  so  i*rofiouurcd  ; 
that  sheweil  what  his  upiokin  of  tue  word  he 
Qscd  wag  at  tbat  titne  ;  and  that  tiiade  Ijim  a 
traitor,  and  was  an  ovcit*act  to  discover  his 
guilt. 

Why,  io,  grntlcioetu  I  am  to  tell  yon,  though 
tt»ei<e  are  wurds  that  may  be  used  iu  a  scriptu- 
ral wjiy  vti'Y  well»  and  to  lery  jg^ood  purpose; 
yet  if  they  lie  aoplied  to  a»  ill  purpo:-je,  they 
may  be  u  sutfifient  indicution  of  a  man's  con>- 
lia'ssin;^  and  imncfinin^  the  death  ami  de^ruc- 
lion  of  the  kii*;:^.  Therefore,  ^utletnen,  you 
ar  <^  <:  I.  whether  if  iu  thi»  case,*  he 
»-!  iirdsj  of  destroying  our  ene- 

i;  ..  .lu^  to  OOP  principles,  tliey  have 

I.  Lon  to  the  f  Miner  words  ;  and  whe- 

li  _    Lie   not  expositors  of  t lie  mind   of 

this  pei-^ou,  tlie  privHM'r  at  the  bar,  of  eom- 
pa.'jirtiig'  and  Ima^inhi^  the  death  aad  deslniC' 
tiou  ot  the  king';  and  I  do  this  on  purpose  to 
TDfoind  yu'i  of  what  i»  necessary  to  let  you 
inlo  the  i]nc$Uon, 

Nou  for  tht:  tcvtim©nj  agftinBt  the  prisoner  at 
the  bar  y«ui  Imve  three  witnesses.  First,  you 
have  >Iv3.  8m lib,  she  dues  directly  swear  that 
$he  did  ftie^uently,  sevual  tiiae^,  *^o  between 


t 


1 


the  13th  of  July  and 

hear  Una  prisoner  at  it  , 

coui'euticlrs  or  places  vi  nveetioi^.     ^he   tellf 

you  the  particular  days:  J^he  tell^t  you  a»  Ut 

ehe,  thit  she  heard   him  the   '>Oth  of  M    ' 

8he  heard  htm  anoiber  time  Ibo  unh  of. 

accord injj  to  the  \tehl  of  her  rememl 

She  he  ud  him  aj^ain  the  17th   of  A^ 

14th  of  Anarust,  the  "         "  '    _ 

heard  btni  the  luh  « 

cording  to  the  hestot  ui^i 

both  tells  you  the  time  an 

heaiil  him  preach  a t    il- 

that  she  sayB  as  to  tV 

she  speaks  of  the  lit:  ^  ,     hi 

the  tlay  to  which  the  mdictment  doca  rrl 

sindlhi!*  she  tlot-a  ftay  [Kifiitively,  tliat  i^^on 

iTth  of  Auc^ustjte  pruyed  that  he  mighl 

forgivenfor  not  pray  lOLf  for  the  kin^r;  ai^d 

that  she  would  hate  you  to  uir! 

would  insinuate,  tliat  he  did  oul 

the  king". 

HosoicH  [Turning  to  the  Jury.]  I  made 
tif  the  wonis  of  8am neU  God   forbid  tUtt 
should  cea»e  to  pray  for  him. 

L.  C.  X  Sir,  you  must  not  talk  to  the 
now  ;  1  urn  direclingof  theui« 

Rotrttr/l,  My  lord,  1  beg  \onr  pardoii| 
\vi%ii  to  set  the  tuatter  right.  \i  %vus  mia-j 
prehende^l* 

L.  L\  J  All  this  is  antecedent  to  Uie 
for  uhich  he  is  accuaed  j    and  you  gee  li^ 
swer  to  it,  from  a  text  ofscriptmi!  that  1 
to  you.  which  he  did  not  rc^pt at  with  dit 
pray  for  the  king  ;  but  tbat  he  thought  tl 
dutV  always  sa  to  do. 

'then  £he  1(1  h  you  pnrtkcutarly  : 
time,,  which.  I  think,  wii8  at  the  ho 
FanlShed,  I  caiuiot  particularly   ten  oj 
the  name,  there  was  a  talk  of  the  R 
and  of  the  lord  mayor  of  the  city  of 
but  that  was before'this  f nne.     And  aJ 
the  first  and  Uie  second  witneas,  two 
more,  give  you  an  accnunt  though  thi 
ne\cr  there  but  then  :    That  he  began 
about  the  tire,  and  tliat  he  should  say  th< 
gr«at  man   at  the  coiner  of   Grace-i 
streetf  1  need  nut  name  his  name,  for  yoti 
know  him  very  welt ;  that  he  met  with  a 
man,  though  mdeed  he  was  not  a  p<H 
was  n  bibuuring  man,  a  carpenter  ; 
U'gan  to  talk  much  concerning  the  lnt\  aiui 
did  iiay,  that  in  cuse  it  had  not  lieen  lor 

trej*t  man,  there  had  been  no  ?;     ' 
rein  London  ;  nor  if  it  had  i 
lord  may  ors  and  sheriftk  after u  . , . 
been  no  ;»uch  thing  as  the   6re  in  Scuiihwi 
andUupping,    And  I  take  notice  t<;  i    ili  4 
tlie  same  place,  which  was  Shed*s  I 
they  spoke  of,  there  is  Mrs.  Fsn« 
uhiun  diei-e  is  not  the  least  objection  that  i 
hear  oi" ;  She  agree*  both  in  the  circumi 
of  place  and  time,  and  of  the  words?,  and  to 
diiiloi^ue  about  Grace- church -street,  «nJ 
carpenter,  aod  to  the  previous  words,    thai 
Avas  not  a  poor  man,  and  the  like,  and   nl 
the  discouTsa  rcUtuig  to  Uie  tires  of  Lobi 


f(5]  STATE  TRIALS  96  Cn arlbs  il.  1 684.— >r  High  JVeasm. 


\2i6 


mm  HM  ivooni  ;  wiiicn  ail  tne  uiree  witne 
te  jon  have  beanl,  sjieak  to  ;    thoagfh 
WMof  what  I  mentioned  before,  vias  anol 
tee;  And  this  is  at  the  hou«e  of  one  c 


y  andWapping,  and  likewise  relat- 
ii|ta  the  lord  mayora,  and  aldermen,  and 
aerifi;  these  discourses  were  at  that  time. 

Giiilluueii,  the  next  testimony  you  have,  is 
irthetewitiie9sestbatspeakof  the  time  that 
ilia  the  record  ;  which  all  the  three  witnesses 

tlic 
another 

^    _  jne  cap- 

Iriilluiiel ;  one  says,  captain  Daniel  Weldy. 
Btf  thai  it  was  a  captain  that  was  then  at  sea, 
■  ibiB  ;  for  this  gentleman  bimsdf,  Mr.  Rose- 
vol,  does  not  deny  that  this  \ras  at  capt. 
MlA  hoiue ;  and  that  he  did  pray  for  him, 
■Mv  then  at  aea,  and  tor  all  his  family  ; 
■i  slftfae  witnesses  speak  to  the  same  time. 
Thnsh  indeed  the  first  witness  did  say,  that 
A»dM  not  know  but  it  migfbt  be  capt.  Daniel 
Wddy;  hot  she  likefi'ise  said,  she  did  not  di- 
Mtff  know  hb  name.  But  she  directly  swears 
lille  ?ery  words  that  are  mentioned  m  the  in- 
tenent.  She  does  directly  swear  that  Mr. 
Ilftivcll  preached  upon  the  21st  of  Genesis. 

Sdwy  as  1  remember ;  though  Mr.  Kose- 
did  tbinky  there  was  a  difference  between 
Atcfidence  of  the  one  and  tlie  other  woman 
Ami  the  SOth  or  S  1st,  yet  it  was  only  upon  her 
iHKBbraoce,'ns  well  as  she  could,  and  she 
ilMt  positirely  swear  it  was  in  that  place, 
hUffWifag  to  the  best  of  her  remembrance. 
Utkesenond  witness,  Mrs.  Hilton,  when  she 
Itoili  swear,  she  said  it  was  either  tlie  20lh 
#flil;  lot  in  so  many  words  she  did  directly 
MBviUk  he  should  i>reach,  that  the  people 


^  imisillnig  to  the  king  on  purpose  for  the 

»tf  fte  king's  eiril ;  but  the  king  could 
it;  btit  yve  are  they  that  the  people 
linrfi  fck  to  for  the  curing  of  all  their  evils. 
Wki  «e  the  Tcry  same  words  in  substance 
itt  atinthe  indictment. 

lit  fciy  same  words  in  substance,  says 
teitfhv,^e  second  witness  ;  the  same  day, 
Irttinme  place,  did  I  hear  Mr.  Rosewell 
AlMsyi  these  words;  and  they  co  further 
M  At  ssme  witnesses  both  swear,  Hilton  and 
MA,  dial  Mr.  Rosewell  should  say,  we 
wicked  kings  together  who 
Popery  to  ct»me  under  their 
ean  be  compared  to  no  other  per- 
pt  widced  Jeroboam.  Mrs.  Smith  s.vrars 
words  directly,  and  Mrs.  Hilton  sa^^s, 
mks  there  was  the  name  of  Rehulioam 
hut  she  is  sure  there  was  mention 
tvo  wi^ed  kings  in  the  same  words  as  Mrs. 
Tliey  go  yet  further,  and  say, 
tkc  one  and  the  other  of  them,  that  he 
W  the  people  would  stand  to  their  prin- 
faedidnot  doubt  but  they  should  over- 
tficir  enemies  as  in  ancient  times  with 
hnnis,  bndcen  platters,  and  a  stone  in  a 
The  two  witnesMs,  both  Mrs.  Smith 
IS.  Hilton,  swear  to  the  very  words,  and 
•^tD  the  sobstance  of  them  ;  and  if  thcjrc 
*^tesMneKttle  yariancein  some  few  of 
V^jOiat  win  signify  notliing,  if  the  sub- 

bendes  these  two  wit- 


nesses, there  is  a  third  witness,  I\lrs.  Farrar, 
against  whom  (that  I  can  see)  there  is  not  the 
least  exception  in  the  world,  if  you  n^meml>er 
any,  you  would  do  well  to  consider  of  it  ;  you 
may  be  better  able  to  rccollfct  what  lias  wen 
s|K>ken  or  offered,  than  1  can  in  so  long  a  time  ; 
and  you  ought  to  e*)do:ivour  (l>cing  men  of  un- 
derstanding, and  good  onality)  to  rHrrsh  one 
another's  incnioi'ii*s,  and  malic  what  ol>srrva- 
tionsyoucan;  which  1  perct-ive  you  ha^e 
taken*^ notes  about,  some  of  you  at  least. 

She  does  directly  swear  as  to  the  business  of 
the  king's  evil,  the  same  wonls  that  the  other 
two  have  sworn,  about  (locking  to  the  king  to 
cure  the  king's  evil,  which  he  could  not  do : 
but  they  were  the  pncsts  and  prophets  that 
could  cure  the  maladies  of  the  people.  And 
as  to  the  second  words,  she  swears  that  ha 
said,  there  had  been  two  wicked  kings  that 
had  suffered  popery  to  come  in  under  their 
noses.  And  sne  swears  in  the  third  place,  that 
there  was  likewise  an  exhortation  to  stand  to 
tlieir  principles,  and  that  they  should  over- 
come their  enemies.  She  does'not  indeed  par- 
ticularly tell  yon  about  rams-horns,  and  the 
platters,  and  the  stone  in  the  sling,  but  only  of 
standing  to  their  principles,  and  overcoming 
their  enemies:  Wiiichl  would  have  you  par- 
ticularly to  take  notice  of,  it  being  the  material 
part  of  the  indictment  to  make  these  words 
treason. 

Now,  gentlemen,  give  me  leave  to  tell  you, 
there  is  a  great  regard,  and  very  great,  to  be 
had  to  the  circumstances  in  this  case,  to  see 
how  far  these  things  are  to  be  tacked  together. 
First,  you  rememmsr  the  witnesses  wen'  exa- 
mined*aprt ;  and  it  does  not  appear  that  they 
have  talked  together;  and  there  was  all  the 
care  taken  that  possibly  could  be,  they  should 
be  out  of  the  couil  and  out  of  one  another's 
hearing  ;  so  that  there  was  as  much  endea- 
vour to  detect  the  falshood  of  their  testimony 
(if  it  could  be)  as  possible  in  any  case,  ercn  in 
the  very  most  minute  circuinstance.  Mrs. 
Smith  swears,  that  Mrs.  Hilton  came  to  her 
house  on  Saturday  night ;  that  they  went  to- 
gether to  the  house  of  this  capt.  Daniel  upon 
the  11th,  about  seven  of  the  clock  ;  that  they 
were  there  before  Mr.  Rosewell  catne  in  ;  that 
there  was  a  lower  room  in  t}iehont>e ;  and  a  little 
higher  thei*c  was  a  little  room  ;  and  then  tliere 
was  a  room  up  two  pair  of  stairs,  where  them 
was  a  bed  ;  that  Mr.  Uoscwell  stocnl  upon  tlie 
stairs,  but  they  both  sat  upon  the  IkhI,  together 
with  one  of  'Mr.  Rosewell's  own  witnesiies, 
which  was  the  mathematical  instrument- 
maker,  and  that  he  was  in  a  mourning- rioke ; 
and  that  there  was  particular  iiotifre  taken  of  a 
pair  of  shoes  given  by  Airs.  Smith  from  under 
the  bed  to  tlie  child  of  tliat  mathematical  in- 
strument-maker ;  and  that  there  was  nrayer 
made  tor  capt.  Daniel,  the  master  of  the  house, 
who  was  then  at  sea,  and  for  his  child  and  fa- 
mily. There  were  these  circumstances,  every 
one  particularly  asked  of  the  witnesses,  and 
sworn  to  by  them  in  the  very  same  wonis,  the 
same  manner  cd*  posture,  tbs  same  thuigs  done 


247J      STATE  TRIALS,  S6  Charles  II.  l684 — Trial  of  Thonm  Rosewell,     [2i& 


huth  as  to  the  rnoiu,  the  bot],  who  sat  upon  the 
hi'd,  tlif  moiirnin)^  doke;  the  plucking  off  anil 
dehveriiicr  of  the  shoes;  that  I  may  appeal  to 
yo.r  iiirmories,  it"  they  did  not  ag^rec  to  a  little 
rxiictly. 

Thfcii  ihcy  beir*n  to  enquire  further  concrrn- 
ingf  ctlicr  expressions  of  Mr,  Uosewcli  at  other 
times:  SoiiU-thiii<^  aiioul  people  in  sirarlet,  and 
«uiiutii:u^^  iilHiutoantiiiir:  And  Mrs.  Smith  tells 
yoa  thnt  hedid  speak  something  ahoutcaii I iny; 
ih:a  ijo  was  talkinq^  concerning  that  uoni ;  says 
he,  I  will  tell  you  what  that  cantins^  means,  J 
\\t'ntnot  joni^  a;^  thn>Uii;'h  a  cathedral,  wlicre 
the-  organs  aie,  and  there  the  people  were  ira- 
tlified  tui^ether  ;  and  they  were  sin^^iiifif  the 
Isold's  {irayer,  and  1  tlo  not  know  uhat  1  heard 
tSu-msiiig/and  I  could  not  hut  laui^ii  out ;  and 
he  hrukc  out  in  hisst^-imuu  into  a  lie  !  he  !  he! 
tlur  i- eantinu'.  This,  they  su> ,  was  his  e.v> 
pivsMun  at  that  time. 

V> lull  .Ui's.  Hilton  came  in,  she  tells  you 
the  very  same  words,  even  to  a  very  particular 
phrase,  which  I  iiad  forj^^ot  before,  that  he  saw 
the  men  in  white  gowns  thatwerc  sini^ing-,  und 
which  he  counted  canting-.  It  is  very  true, 
tiiere  is  no  such  thinj^  mentioned  in  this  indict- 
ra<enc ;  hut  only  it  is  offered  hy  the  kin>j;*s  coun- 
srl  to  shew  the  temper  of  the  man,  and  how  he 
usually  used  to  preach. 

As  t'oncerning  the  story  of  Sampson  and 
Dalilah,  that  is  sworn  by  hoth  wiMiessi-s,  that 
Uiere  was  such  a  discourse  ;  for  he  began  to 
talk  of  our  king's  keeping  of  women,  and  lie 
hoped  they  would  hring  the  same  destruction 
ii|H)n  him  that  they  lirought  upon  Sampson  ;  he 
)iu|)ed  it  wouhl  so  fall  out  with  our  king.  How 
far  it  is  true  (they  both  havhig  sworn  it)  you  t 
arc  the  judges ;  they  have  din-ctly  sworn  it, 
and  to  all  the  circumstances  huth  of  time  and 
place. 

(ientlemen.  There  is  yet  another  thing  that 
is  material  tcM>,  though  a  small  minute  eirrum- 
stance,  and  that  is  about  this  same  iViul  Shfd, 
that  they  lvi>e  spoken  of.  When  the  first  wit- 
ness caiiie  ill,  he  chid  her  f<ir  coming  in  her 
pattins,  and  bid  her  pull  otf  her  paitins,  ibr 
tliey  wiaild  It-avt^  >ueh  :in  inijiression  there, 
that  people  would  he  apt  In  discover  that  there 
was,  or  would  he  a  nici  iin;;  ;  und  therefore 
vhc  promised,  when  she  caiiu' any  moi*e,  that 
she  wouhl  he  suiv  to  leave  oif  her  patiiiis.  And 
il  hi  proved,  that  INIrs.  Iiiil  in  and  3li's.  Smilh 
were  in  ihe  room  abo\e,  and  Mrs.  Tarn^rwas 
ia  tlie  r.)om  he  low,  and  it  d(K:.>>  not  ap|M>ar  that 
hhc  was  actpiainted  with  tii;.*  rest.  She  had 
heard  hiui  several  iimcs.  and  tiioiigh  .she  did 
not  see  him  thai  day,  he  hting  up  two  pair  of 
btaii-s  hi;;her,  yet  she  sv\ears  directly  to  the 
6aine  words,  the  substantial  part  of  them  that 
Iheother  two  witnesses  spoke  of.  So  that  I 
Must  say,  if  in  case  they  have  contrived  this 
story  to  lake  away  the  hfe  of  the  prisoner  at  ihe 
bar,  tb.ey  h:i\e  contrived  it  with  all  the  dcivil- 
i;4iest  subLliy  that  ever  any  could  do,  or  that 
I'ould  enter  into  the  minds  of  any  neople.  You 
are  the  judges  of  the  fact,  1  pray  God  to  direct 
^  tfUi  that  you  umy  detect  the  truth  ;  Tar  bo  it 


from  the  Court,  or  any  body,  to  desire  that  - 
any  thing  but  truth  should  |ircvail ;  fur  it  were 
far  l)etter  a  thousand  times  that  a  handred 
guilty  men  shouhl  'esca^ie,  than  one  innocent 
man  should  sufler.  But  on  the  other  side,  far 
be  it  fn»m  any  man,  that  is  u^Kin  his  oath  to 
t\o  his  duty  between  the  king  and  the  subject, 
to  he  moved  hy  compassion,  or  any  things  of 
that  nature,  to  do  agamst  the  evidence  thatia 
given  in  ojien  court ;  unless  he  lie  satisfied  that 
tlie  evidence  is  falst;.  For  in  this  case  I  say 
again,  either  you  niust  fnid  the  prisoner  guilty 
of  what  he  stands  charged  with  in  the  indict« 
inent ;  or  else  you  must  fmd  these  three  wit- 
nesses guilty  of  wilful  |)erjury :  and  I  pray 
Ciod  again  to  direct  you  what  you  are  to  «M 
in  it. 

Gentlemen,  as  to  the  testimony  that  has  been 
offered  on  the  behalf  of  the  prisoner  (I  would 
follow  the  same  method  that  has  been  taken, 
both  in  the  evidence  given  by  the  king  and 
the  prisoner,  as  near  as  we  can)  :  first,  yon 
have  had  brought  by  him  half  a  dozen  (for  I 
would  not  injure  him  as  near  as  1  could  om 
tittle)  that  have  given  you  an  acc4)unt  of  «  hat 
he  said  at  that  time.^  There  was  HudsoUt 
Hall,  Atkinson,  Smith,  Hales,  and  Wharton  ; 
I  took  their  names,  as  near  as  I  could  ;  and  ill 
these  people  do  directly  say,  they  were  preient 
nt  that  time,  and  they  heard  nothing  spoken  of 
the  late  blessetl  martyr  king  (?.harles  the  finl, 
or  of  reflection  upon*  the  government ;  but  all 
that  was  said  of  the  king's  majesty,  that  ninr 
is,  was  in  his  prayer,  wherein  he  did  pray  for 
him  ;  that  they  heanl  nothing  come  from  Ur. 
Rosewell  concerning  the  king's  evil  in  the 
maimer  that  the  witnesses  speak  of ;  but  whal 
was  spoken,  was  spoken  of  an<ither  kiog*,  in 
relation  to  Abimclech  king  of  Kgypt.  and  not- 
relating  any  way  to  the  disease  they  <&llcomr 
monly  amongsl'us  the  king's  evil.  It  istntTy 
one  <»f  them  does  say,  (which  is  a  word  thai 
has  obtained  very  mucli  anmngst  some  sort  if 
pciple),  that  when  he  prayed  for  the  kingi  hn 
prayed  for  his  deliverance  from  evil  com* 
sellors :  and  under  thes(>  woi*ds,  evil  ooui* 
M'llors,  and  deliverance  from  them,  we  knoir 
what  lM,M:amc  of  that  so  oUen  mentioned  princt 
now,  king  (.*harles  the  lirst.  Under  that  prt* 
fence  they  would  remove  all  his  friends  troM 
him  ;  and  when  he  was  letl  ahme,  they  could 
ciLsiiy  do  what  thc-y  plc:usetl  with  him.  Manji 
with  pretence  of  great  pitv  and  zeal  tor  tM 
king,  cry  out,  that  all  that  tliey  complain  of^  i|  • 
not  «>f  vihat  the  king  docs  ;  him  they  think  la 
l>e  a  wonderful  guod  man  ;  it  is  not  he,  butUi 
evil  counselhns,  that  they  it-tlet  t  U|hid  ;  and 
so  we  must  ii,:;ht  against  these  cv il  couusetlon^ 
and  when  vtx'  have  laid  them  iLside,  and  h« 
elands  alone,  then  it  will  lie  easy  to  ser%e  hitt 
as  they  did  his  father.  Whatsoever  the  pre* 
tensions  of  such  words  are,  we  know  what  th|( 
designs  oi'the  [Hopie,  that  made  thu  same  liri^'< 
tence  heretofore,  came  to;  and  I  pray  uodl|^ 
that  there  are  not  the  same  designs  on  fbit 
still  ;  nay,  that  that  wa.s  not  the  design  of  tkii 
prayer  of  tlie  prisoner  at  the  bar. 


S19]  STATE  TRIALS,  36  Charles  IT.  i684.~/or  High  Treason. 


[250 


Gentlemen,  tbey  give  yon  a  particular  ac- 
connthnw  he  preacnecl  upon  the  SOth  of  Ge- 
nnis ;  and  they  speak  as  to  the  2cl  anil  7th 
Tciws  of  that  chapter,  and  what  discourse  he 
InkI  upon  them.     Bnt  truly,  it  is  pi'etty  strangle 
(as  >lr.  RuaetvcU  himself  objecteii  even  to  you 
ortliejury  very  well),  can  any  one  of  you  re- 
nipmber  so  exactly  the  words  that  were  spoken 
u  these  witnessea  have  sworn  ?  And  truly  he 
IKite  a  very  material  question  :  hut  then  the 
qa.^ion  turns  the  other  way  ;  how  come  all 
yonr  witnesses  to  give  such  an  exact  account ; 
ttil  except  the  second  man,  wliu  intleed  did 
itimnut  a  blundei*  or  two,  your  six  witnesses, 
«tn  to   the  texts  of  Scripture,  to"  the  vory 
phrases  that  were  useiJ,   particularly  to  the 
woni  tremendous  ?  They  arc  all   as  exact  its 
(30  he.     It  is  strange  that  five  poopje  slinuld 
■jfree  in  all  the  circumstances ;  but  why  should 
it  not  be  as  much  helievahle  that  throe  should 
hare  as  exact  a  memory  as  the  other  five  ? 
Nay,  and  I  will  tell  you,  what  is  prett}'  stranu^ 
tool  that  theiie  people  must  hear,  andremeinl^r 
just  what  was  said  upon  the  I4th  of  Septcndter ; 
but  that  which  was  said  upon  the  text  the  time 
before  or  atler,  that  they  cannot  s(»  well  re- 
member.   It  is  plain,  they  have  Ikm^h  dialopie- 
io;  with  one  another;  and   it  is  plain,  that 
luoe  people  can  neither  write  or  rcail,  nor  re- 
member, DUt  how  they  shall  be  sure  to  serve 
the  present  purpose.    'That  seems  to  carry  an 
objection  in  it  on  the  other  sitle,  as  the  kmg's 
cwDsel  say ;  and  it  seems  the  more  reasonable 
OD  oor  side,  why  they  should  remember  so  ex- 
actly, as  the}'  have  sworn  ;  because  (say  they) 
I      tluti  dav,  wfien  we  come  home,  we  cullcil  lor 
I      pea,  ink,  and  paper,  and  set  down  these  words. 
\      the  substance  of  which  we  have  now  hero 
suoru :  so  that  that  does  shew  you  we  had 
nason  to  remember,  what  we  have  testiticd 
agaiast  this  person.     But  what  is  yet  ifreatcr 
tbao  all  this,  it  cannot  be  imagined  (sviy  the 
iiio^'ft  counsel)  that  the  prisoner's  witncs<«rs 
are  so  much  to  be  believed,  since  they  ii^ive  no 
account  of  what  was  spoken  at  any  tiiiic  ticfore, 
DOT  any  time  since. 

Ttieu,  gentlemen,  there  is  another  reason, 
Bvs  Mrs.  8niith,  I  came  on  purpose  to  see  who 
V'as  at  the  conventicle  ;  though  1  had  \iccn  at 
iereral  conventicles  before,  yet  I  never  heard 
meh wonls spoken.  Says3irs.  Ifiltdn,  I  v.as 
^lad  to  be  gone  ;  and  teils  you  of  her  uuwil- 
lincfness  to  btay  there,  having  never  he.'U'd  such 
vuids  spfjken  a^^ainst  the  govcnnnrnt  before  ; 
>rjt  therefore  she  set  them  down  imuiediatuly 
t^w)i)ii  as  they  came  home ;  and  lliey  wmt  to- 
^Miier  to  the  Bull  and  Mouth,  the  Quakers 
DKilins^near  AIdersgat«?  nHcrwards ;  and  thut 
lliatilay,  or  the  day  following,  they  Mcnt  to 
Mr.  liecorder,  and  gave  him  an  account  of 
»hat  had  past  in  their  knowledge.  This  is  the 
tQsvverthat  isgi\euby  them  to  what  the  pri- 
snr.tr's  witne<$sc!;  s;iy  :  hut  you  are  to  weigh 
this  testimony  of  bcith  sides.  For  I  must  tell 
you,  {VfuLh  inVn,  though  these  witnesses,  that 
^  \w  tiic  prisoner,  are  not  upon  tluMr  oaths, 
}it  ihey  are  as  much  under  the  obligation  of 


giving  true  testimony,  as  they  can  be  by  law  ; 
and  you  ought  to  have  regard  to  their  tes- 
timony, how  fur  it  is  consistent  with  reason  and 
with  truth.  S4nne  things  they  differe<l  in  ; 
some  things  they  heard  in  another  manner ; 
wheihcr  \ I iu  may  believe  such  things  may  slip 
out  of  tlieir  memories,  or  how  tliat  is,  you 
are  to  consider  of  it.  This,  gentlemen,  is  "the 
first  part  of  the  evidence  that  the  prisoner  hath 
given  for  himsi'If. 

Next,  gentlemen,  there  is  another  part  of  the 
evideiiCK,  and  that  is  fnim  the  fifteen  witnesses, 
one  Mr.  Jollifi',  captain  <^otton,  Mr.  Fipps^ 
Mr.  Veering,  l\Ir  ilitehr«»ck,  Mr.  Hinman, 
Mr.  Wanly,  Mr  Strong,  Mr.  Cutloe,  Mr.  Mel- 
sain,  Mr.'  Medhani,  Mr.  Winnacott,  Anne 
Broadliiirst,  Ann<*  Mnuning,  Isabella  I>icke- 
son  ;  all  these  were  called  to  his  reputation  ns 
to  his  behaviour  and  conversation  towards  tlie 
government.  They  tell  you  they  have  known 
him  a  long  time.  "^It  seems  they  frequented 
the  hearing  uf  him  sometimes,  when  there  was 
an  indulgence  and  a  di«pensatum  for  such 
meetings,  then  they  went  to  hear  him,  and 
then  he  used  to  pray  tor  the  king ;  and  it  has 
i>een  oljserved,  that^  it  may  be,  meeting  with 
favour  and  kindness  from  the  king  and  govern- 
ment, he  might  be  very  ^^ell  pleased  with  the 
kin^  at  that  time  ;  though  that  turned  to  the 
prt;judiceof  the  govenuuent  (us  we  all  know^. 
hut  whether  his  cou)pk-\ion  altered  towards 
thi'  govtMiiiiient,  when  it  was  thought  fit  to 
restrain  that  iudulgenee,  that  ynu  have  to  con- 
sider. They  say,  they  know  nothing  of  harm 
by  him,  and'that  mav'be  true  ;  no  moi-c  do  1  ; 
ami  I  presume  you  do  not ;  il  you  do,  you  will 
t(  11  us.  >'('U  and  1,  pray  Ciod  we  had  never 
lit^ard  of  any  thing  t>f  harm  come  from  him, 
with  relation  to  the  king  and  government;  but 
you  have  heard  what  has  been  testiiied  by 
these*  witnesst's. 

Th(>n  there  came  two  wime^sses,  that  lived  at 
sir  K^Iward  llun<rerford's  when  the  prisoner  at 
the  bar  lived  there; ;  one  <»i'  thi'Ui  iivcti  ten  years 
theiv,  the  other  four.  And  ihey  give  you  an 
account,  how  he  was  usenl  to  pray  (not  accord- 
ing to  the;  Common  l^i-ayer)  but  he  used  to  go 
to  chun'h,  and  he  did  prny  for  the  king  very 
farneslly,  an«l  heartily,  as  they  say ;  he  came 
there  in*thi«  year  Itio'l,  and  he'coutinued  there 
seven  years,*uud  they  always  lookeil  upon  him 
to  hir  well-inelined  to  the  government. 

I'liHi  yuu  have  an  account  of  three  servants 
that  liveil  in  the  house ;  one  hved  four  years 
with  him,  and  that  she  frequently  beard  him 
pniy  for  the  king  (for  I  would  not  willingly 
forget  a  word  that  should  make  for  the  pri- 
:  son.  r's  advantag(r),  she  siiid  he  prayed  as  ear- 
nestly for  the  kuig  as  lor  his  own  sold,  with 
as  nuich  zeal  and  eariiestnt^ss  as  he  could  do ; 
tikis  is  what  she  says  And  the  second  lived 
with  him  three  years,  and  she  does  remark 
pai'ticularly,  that  one  time  benng  ill  private  ia 
his  own  closet,  at  prayer  by  himself,  she  heard 
him  very  earnest  m  praying  for  the  king :  so 
thai  he  'w(»uld  urjje  it  as  iinprobable,  and  un- 
rcabonable,  to  beheve,  that  it  he,  in  his  private 


I2h 1 1     STAT£  TRIALS,  36  Cif  ARLBS  II.  1684.— 7riW  of  TkomMi  Roaeweii,    [ 

not  but  that,  for  any  things  yet  nppmrs, 
woniatj,  that  is  here  Imiught  as  a  wit 
Acainst  Mr.  Rnseweli,  did  »wpar  true,  ihat 
o3ier  woman  did  confess  to  her,  that  there 
sach  a  conventicle ;  they  indeed  have  en 
vonred  to  eriiice  there  was  no  such  con 
tide.  1  must  leave  it  to  you ;  for  nothing 
pears  clear  of  the  one  side,  or  the  other. 

Then,  gfentlemen,  as  concerning  brrtal 

with,  and  about  one  Games;  wherein  you 

an  account  |pven  you  by  one  Harrey,  an 

advised  to  give  money,    rather  than    ti 

troubled ;   bat  they  would  not  gire  mo 

Now,  tor  that  the  whole  ans^ver  (that  il 

be  given  together)  is,  that  you  know  tha 

set'utor,  iu  these  casis,  has  a  share  out  ol 

penalties  that  are  incuricfl  by  conventii 

;  and  though  it  may  be  that  it  wm  not  so 

,  done  by  such  iiilbrinations  to  compound  pi 

■  tits,  J  et  it  is  no  evil  thing :  lor  if  1  will  cfa 

I  to  inionn,  or  not  intbrm,  there  is  a  right  h 

I  to  a  part  of  the  [lenalty  arising  from  the  otfe 

and  though  it  be  not  a  commendable  tt 

yet  it  is  not  a  criminal  thing  lor  me  to  i 

i>ound  it ;  for  I  do  not  obserre  that  thei 

prored  to  be  a  people  that  do  use  to  go  to 

Tcnticles. 

Then,  Gentlemen,  there  issomethingtob 
served  conceminsi^  tlie  evidence  of  Cartwtv 
He  comes  and  tells  you,  that  he  was  by,  aik 
of  the  persons  that  uent  along  with  Mrs.  H 
to  several  places,  in  ordiT  to  make  convic 
of  persons  for  couveuticles ;  and  she  n 
have  him  swear  such  and  such  conventi 
that  sl^e  would  dictate  to  him  ;  aud  she 
misetl.  mil!  oM^red  to  swear  fur  the  con«i 
ul'  cinivoiitidt^s,  vvh«.n  she  was  not  tliere: 
thi<i  ^«as  a  tyrvat  while  ago ;  but  nobody  I 
a  woid  of  ii  till  now.  and  that  when  Mis.H 
%^us  i'!i:r«>irL'ti  in  this  prvsecution  agaiiMI 
Kost'vifll.  Now  when  wc  meet  with  this 
of  |»t\»|»lo,  we  ou^ht  tu  consider  of  the  n 
i}t'  \\w\r  t'vidtiice.  It  is  certainly  a  ver^ 
priibubk*  ihiu:r.  that  any  penon'shoukl  i 
.Hid  toll  hr»u,  I  >»iil  b^«  -^ilty  of  perjury,  1 
be  fojNiv%inu  for  ynu,  if  vou  will  be  furs 
Km*  im*.  h  iMu' Liaxdly1)e  beiieved  that 
IhhIv  ^hoiilif  si\  41,1  III  a  tellow,  that  you  i 
likolv  ciu'i«\;!i  to  detti*t  any  such  thing 
■«h»*uUl  Iv  :iT  hi'i  jil\  jniay:e':  And  it  had 
h:Ni!':t\  ^  »'l«.-  lidd  Ue«  Ail  lionest  ma:i)to 
JiNivnvivd  iiii"*  i"  d  uij:^i<irate  imoiedii 
III.!  lU  ivv.'-.l  i.  St'  as  V.y^i  the  vitlainy  si 
li,i*K'  '  v«  ;»J!.iishcd;  Ui. t  lo  cuiue  and  SC 
umi  inH'it  ^MK-U  .iiM:ii,  just  as  this  is.  Andt 
i»'if,  -iuiliiM,.it,  I  Fo'^x't  like  *i!vh  accid 
WIIU.W.M-M.  lii.u  MXiii  V  ilivp  '^as  it  were)  e 
\\u'  K  !p;ius,  inj  \tt,'  caij  iiavo  no  acei^untof 
»H  ii'if  >  ...I  LUC  lo  s;ir  s7uctor\  reason 
It*  .uiiKi*  III  'fy.\  V  uiukviii'sdiscoveiy. 
%ou  ii.t»t'  -»v%«i  u ... »,  r  *4.'n!cs!«e«,  that  wer 
J-i.-,  iii.a  ijov  ,iMiic  nx-ouut  ol*  her  beha 

III   (llt'M     lll.lllCIV 

tt  i«»  I  Ik-  otMot^ttoii  that  ihev  talked  of, 
Hi*.  1 11(1  »i  .h,ly,  ^tirvi^l  wictiesMsgiveT 
•»-»HMM.i  ..|  ihe  uinnrr  First  of  aU,  it  is 
•|.|^y vi.i  bv  ili«i  ^iiu4  tiMi  i!i  prtMluofsd, 


family,  nnd  by  himself,  should  so  earnestly  pray 
for  tfie  king  (which  was  never  intended  to  tie. 
heard  by  any  ImhIv,  and  ciunr  to  be  thus  heard 
by  nceincnt),  he  sliould  in  pnhtie,  l)efure  a  great 
congregation,  utter  such  witrds  airainst  the 
king  and  government  ns  art;  nrctcuded  against 
him.    This  is  the  use  ho  makes  of  that. 

Then,  gentksmen,  you  have  likewwe  aAer- 
wanls,  the  ti^stimoiiy  of  those  two  witnesses 
that  have  been  exaniiniMl  before,  that  is,  Mr. 
Atkinson  and  Mr.  Smith ;  that  whereas  you 
seem  to  say,  says  he,  I  matle  a  great  reflection 
ii|K)n  the  late  kmg,  and  his  presi*nt  majesty ; 
it  was  so  far  from  that,  that  I  used  to  teach 
upon  the3(Kh  of  January,  and  then  to  preach 
obedience  to  the  king,  and  to  pray  fur  the  king, 
and  make  8har|i  inveetives  and  refluctii»ns 
upon  those  that  had  been  (*onc(>med  in  that 
horrid,  barbarous  nuirder  of  the  tare  king,  of 
Messed  memory  ;  so  that  1  eamiot  be  tliousrht 
to  encourage  siieh  things  as  these,  when  I  used 
to  |ireaeh  to  my  auditory  such  doctrine,  as  I 
now  U'\\  vou  ot.  This  is  the  substance  of  that 
ftart  of  tfie  evitlence,  as  near  as  I  can  remem- 
ler,  anil  weollet*t ;  you  have  taken  notes,  gen- 
tlemen, yom-selvi*^';  you  will  be  able  for  to 
make  obsenations,  ai*cortling  to  what  notes 
you  have  taken. 

Then,  genilemen,  here  are  18  witnesses, 
that  he  has  ealletl,  to  endeavour  to  persuade 
you  to  a  dislielief,  and  gain  a  discredit  as  to 
the  witnesses  that  are  produired  ai^inst  him. 
Now  as  to  that,  which  was  oiKreil  by  the  first 
iviUiess,  How  ;  thut  w;is  but  by  a  l:»'ar<Jiy,  he 
knows  nothiutf  of  his  own  {xpoiili-  !^'.» :  I'.-V  mv 
bivihiT.  sirTlioir.us  Jri.:\.-.  ho  irive<;  \oua*;i 
a*\\>u:it  of  a'!  ifie  rjik'sti«^« ,  that  Iu-  Mas  asUrd 
ai»om  ;  ihal  >l:e  v.v\c:-  »Iid  s:  v  ili.:t  slio  v.  as 

1»ie>fni  di  ihv*  onvv'iilu  w.  «u!l  iIkxi  >!!>;.  i;aihv»i* 
lad  ivtifossi'tl  It  lo  b»*r;  an.l  i!r»«Mi  tbii  *on- 
fessiou  slit' \»  lis  eouMiiol  Nvw  »4en:loMion, 
it  is  a  vei\  i!Mto\vi!tl  thui^  us  ilu  I'^uu-r.  i'mi 
Mrs  lkuhiH\  ii  i**  i»'iin,  i'mnI  u«  I;.»^i*  Ok'.^vu 
m  lie's,  aiul  she  ssiiu'  widow  oi  .i  non-%vnt'orii}iM 
pre ae Iter,  and  ilu*s  uoiuaii  v*;in  no  tar  fn»in  s;i\ . 
m«.r,  lhHt<«h4>  i>;is  klifie,  ili.ti  slu-onU  ti*Mst*i-«l 
uj\M  It,  ibai  '^li>.  UathxM-  tniil  .-iMiti-vNttl  it  lo 
her.  5h»  lik«."wiNr  you  l».i%*-  Uvii  iol«l  coiuvrii 
mg  that  bibiiiu'vk  oV  >lr  M.i'^"^.  I'lo  \*t»iii%'mtcle 
at  hi>  hoOM',  *>ii  ibo  lolh  n  .lii!\  ;  it  n:is  v» 
iHr  f»\WM  h<*r  s%%fajn:;[  ib.tt  *li    |l.'»%  w  .i*  ilu-u-. 

tiUt  ilUiM*;i|  tK'  \%U%  llU1lllOil«\l,   \tl  sliv'  M  IllM'il 

beJoiv  >  ;•  ti»x»r^v  IHvbv  u»  suimi  il'.ti  ilio^-  *».ix 
any  siK-it  v\*tiiiniiele.  or  ih.il  iu-  \%  i>  ihe  m  v\  . 
bhedid  iK»t  k(K»\%  ihv  loan,  mh\  i««tiM  n.*i  xti\ 
any  tbui^  to  Imo  Vud  mv  NumIu-i  .l«-:t|t^t 
being  ivtvuK\tl  »h  '.i  i*u-iv  lu.^lii  Iw  » iiii.,(  ikv, 
that  ih«*re  lui'jhi  tK  :i«>%0(  ii  itnitcuiu  !«•  .u  \|i-. 
IkI!(hvN,  vivnl  at  i.ti  i-*  ho  «**iiKi  m  i«iMiV. 
it;  but  it  seems  ii  «%•'«  |ia«i  it>oii>  fnui  mii*  lu,- 
i*U*rk  of  ihe  peuiv''^  h.i'uU  .  I  i'a'M»»i  ,.i\  mi 
thing  lo  Ii'  but  il  >o4i  alt-  vioviuU  ill  II  ihiitt 
wa:«  u<»«iuch  tHUivcatiek*  ni  uti,  <«ll  ih.ti  i.m  H«< 
said,  IS,  thai  ilu-  old  woman  St  IuhI  h«  i «« Ji.  .ui.t 
my  brother  Jeuiicr,  ;m  lit  <iti  .m--«  «*iiiuuhIwiu«u 
between  them,  did  reMolv«  tu  ik»  m  hat  hu  i  «*kilil 
aail  proinistfd  to  .s|H;d4  lo  ih%  i^lmk  ^u  kh«'  |iv««ii* 


STATE  TRIALS,  d6CHAlLLESlL  i6B4^'-for  High  Treason. 


[234 


■  acooventidethe  ISib  of  July,  and 
Hr.  Hii49on*s ;  but  indeed  it  was  not 
•let's;  aiid  it  is  not  alludg^l  here  by 
it  was  so.  And  tor  tbat  other,  my 
saner  gtt es  you  an  account,  tbat  upon 
ma  of  Miv.  Bathoc  there  was  a  con- 
bul  there  was  no  such  conviction  of 
llw  case,  but  only  of  Batlioe ;  us  ap- 
ke  record  which  hath  been  proiiuced. 
gentlemeo,  the  next  question  is  con- 
le  derk  <^  the  peace,  and  the  writing 
talk  of;  which  makes  nothing  one 
ke  other.  Then  there  are  two  wit- 
!ew,  ami  the  other  man,  that  met  witu 
an,  Mrs.  Smith,  in  Grub-street,  in 
make  a  composition  tor  penalties 
to  con7entick» ;  and  they  find  out  a 
t  used  to  go  to  conventicles,  and  thev 
lim  into  a  composition,  and  so  much 
IT9  iverc  paid  perhaps,  and  be  ought 
aid  more :  But  it  is  plain,  he  used  to 
icfiticies ;  and  it  is  pretty  odd  that  he 
pwked  up  on  a  sudden  there,  on  this 
rater,  to  discorer  these  practices,  at 
IMlion  of  the  prisoner  at  the  bar,  who 
fh  a  distance  on  the  other  side  of  the 


aen,  as  for  Mrs.  Higgenson,  I 
Pigr  tkia,  she  says  nothing  to  the  pur- 
ii  cither  material  for,  or  against  the 
lar  flhe  aud,  she  knew  notliing  (if  her 
_  i ;  and  all  that  she  did  say,  was 
I  mod  reports,  not  by  way  of  down- 
''       against  the  person  she  M'as 

g'nst.  And,  gcntk^men,  you  are 
iAt  hearsay  and  report  is  no  evi- 
lut  itmust*be  what  the  witnesses 
'  of  iheir  own  knowledge. 
pt  IB  a  worthy  gentleman,  sir  John 
|i  as  to  whatsoever  he  said,  or  any  of 
f  loM  him,  except  he  knows  it  of  bis 
iMge,  that  is  no  manner  of  e\  idence 
mk»  off  the  credit  of  Mrs.  Hilton, 
[jhe  herself  did  say  (if  it  can  he  tc^sti- 
against  her.  If  she  coiifest 
I  any  (K'sign,  or  was  cnj^i^jift'il  in 
e  to  Getray  the  vouni;  lady  sir  John 
i  of,  that  indi'cJ  hi  a  very  evil  tiling. 
ever  were  the  apprehensions  uf 
rning  her  siiare  in  that  matter,  or 
m  fittle  thiui^  that  they  talked  of  oon- 
iMtfeas  Hilton,  before  she  intermar- 
m  swnify  but  vcTy  little  in  this  mat- 
i  when  we  ask  sir  John  Tulbot  the 
,  Iw  cannot  gi%e  any  satifsfactory  ac- 
|pi|  for  be  says  plainly,  he  hud  no  con- 
|..witb  her. '  It  see'ins  it  was  not  a 
|ii  wlule  slie  lived  there  for  ten  years 
^  9md  it  is  pretty  hard  to  imagine  in 

Bif  sbe  nad  been  such  an  e>  il  per- 
wwld  represent  her,  in  that  time, 
Pl  araeued,  so  far  at  least,  as  that 
■  Aiiaiarged  the  service  long  be- 
r  John  Talbot  is  a  person  that 
mAI  to  permit  any  thing  of  ill  in 
Ml  yd  withal,  he  cannot  know 
Wk  Wf  vHPre  than  any  of  you,  of 


irregularity  in  the  family.  If  indeed  they  had 
questioned  any  of  the  servants,  that  were  more 
conversant  with  her,  and  taxed  her  of  any 
thing  that  was  oil,  tlien  it  had  been  a  much 
more  probable  exception ;  but  to  have  people's 
reputations  blasted  barely  by  tittle-tattle,  and 
stories,  ai^r  persons  arc  ^one  out  of  a  fiekmily, 
where  they  have  lived  lor  many  years,  is  a 
matter  of  very  dangerous  conseijuence ;  and 
any  man  in  the  world  may  be  imured  in  his 
credit,  if  such  a  thing  be  permitted.  What  sir 
John  Talbot  upeaks  of  his  own  knowledge,  that 
is  evidence,  and  wo  woidd  liear  it,  and  give  all 
due  regard  to  it :  But  what  was  siioken  of  con- 
cerning Hilton,  belbrc  she  was  married ;  what 
the  rest  of  the  servants  said  concerning  her ; 
or  the  general  reputation  that  she  had  in  tho 
family ;  that  is  no  evidence  at  alL 

Gentlemen,  in  the  last  place  there  is  a  wit- 
ness produced,  one  Dillingham ;  and  she  pre» 
tends  that  sbe  is  a  woman  of  a  very  ill  repute*- 
tion ;  and  tbat  she  would  have  hired  her  (as 
she  would  have  it  believed)  to  have  sworn 
against  several  people.  Now  as  to  that,  sho 
would  have  done  exceeding  well  to  have  made 
a  discovery  of  this  before  this  question ;  and  it 
had  been  ner  duty  so  to  do;  and  not  now  to 
come,  anil  drop  *in,  just  when  this  question 
comes  to  be  delNited  before  you :  That,  gende- 
men,  draws  a  suspicion  along  with  it,  and  a 
very  great  one :  But  I  must  leave  the  whole 
matter  to  you,  which  1  do  not  question  but  you 
will  examiue,  and  look  into,  as  well  as  yon 
can.  Thus  I  have  offered  the  evidence  that 
has  been  ^veu  on  the  one  side,  and  on  Uie 
other,  in  point  of  fact. 

Now,  gentlemen,  there  are  some  remarks 
made  by  tlie  pns<»nerat  the  bar  (as  God  forbid, 
but  he  should  have  the  advantage  of  whatso^ 
ever  can  be  observed  upon  the  evidence  given 
against  him),  that  is,  he  makes  a  difference 
between  the  testimony  of  the  one  and  the  other 
of  these  witnesses,  about  tho  'JUth  or  21st 
of  Genesis:  that  the  one  said  the  2l8t,  the 
other  the  20ih.  Now,  it  is  to  be  observed,  as 
has  been  said,  that  she  that  said  the  20th,  which 
was  the  second  witness,  Kaid  it  was  either  the 
QOth  or  the  21st;  and  Mrs-  Smith  said  it  was 
so  to  the  best  of  her  remiinibrance ;  but  it  ap- 
pears to  l)e,  and  so  I  perceive,  by  all  the  wit- 
nesses, ui>on  the  20th ;  so  that  as  to  her  it 
cannot  be  very  material,  because  she  does  uot 
swear  jvositively  cither  the  one  or  the  other. 

Then  gentlemen,  there  is  another  tiling, 
that  is,  that  she  should  talk  of  one  Weldy,  cap- 
tain Wcldy,  or  captain  Daniel  Weldy,  when  it 
seems  his  name  was  not  Weldy,  but  Ins  name 
was  captain  Daniel ;  which  I  think  can  go  no 
great  way  in  the  ca^*.  She  is  not  acrjiiaint* 
ed  with  the  man  himself;  she  tolls  you  one 
part  of  his  name  right ;  describes  the  house 
mail  the  parts  of  it;  and  speaks  of  the  cir- 
cnmstuncc  of  his  bcinic  at  sea,  and  l>eing  prayed 
for  by  Mr.  llnscwcU ;  thc^rein  they  do  both 
fiffcec  :  So  that,  though  she  apprehended  that 
his  name  might  he.  Daniel  Weldy,  yet  it  is  so 
far  right  enouyfh  that  it  was  one  captain  Daniel: 


256]     STATE  TRIALS,  36  Charles  II.  1 684.— Trw/  of  Thomas  Rosewell,     [256 


ani)  that  there  is  a  very  small  minute  differ- 
cucc,  that  it  will  make  little  one  way  or  other. 

Tlien,  g'entlemeii,  he  insists  npon  the  differ- 
ence between  their  evidence  ahnut  thai  cir- 
cumstanec,  wiiether  it  was  all  upon  one  entire 
subject ;  or  part  one  part  ofthe  day,  and  part 
the  otiier.  One  of  them  sa\  s  it  was  not  an 
••nlire  tliwronrse;  tor  that  about  the  rams- 
hoius,  and  the  broken  platters,  and  the  stone 
in  a  slinjf,  was  aflcr  two  o'clock,  alWr  the  in- 
'  ten'al  that  had  been,  and  the  space  of  time  be- 
tween the  disconrse  of  the  Kinsr's  evil,  and 
those  other  thing's ;  and  therefore,  says  31  r. 
Kosewell,  whereas  she  pretends  that  it  uus  all 
8|)oken  at  the  same  time,  just  as  it  is  laid  in  the 
indictment,  that  cannot  be :  and  so  it  appi  ai*s 
npon  liisown evidence.  Now,  suystliat  \\ omun, 
I  cannot  so  well  tell,  whether  it  was  forenoon 
or  aAernmm,  and  truly  they  mi{<fht  call  it  fore- 
noon, liecanse  they  had  neither  eat  nor  drank  ; 
nnd  says  the  woman,  we  n-rkon  that  iu?  i'mx'- 
noon  till  ailer  we  have  ilineil;  and  !>lie  cannot 
t».ll  whether  it  was  in  tlin  I*salins,  or  whrllier 
it  was  npon  the  chapter ;  but  it  was  in  that  dis- 
course that  he  held  that  day.  She  does  trcnc.- 
rally  apply  it  to  the  whole;  and  that  in  the 
day's  discoui*se  (alt  uhich  time  she  staid,  till  all 
was  over)  scieh  words  did  pass.  Voii  ha\c 
■heard  the  ditference  that  is  between  the  two  j 
.witnesses,  and  you  did  well  to  consider  of  - 
it,  if  you  think  there  isanv  thing  material  in  it. 

Cxentlemeu,  f  must  confess  it  carries  a  notable 
soil  of  testimony  in  it,  of  which  you  are  jud<i;es 
and  \%ill  wei;>-li  it  acconlinsr  as  it  oujs^ht  to  be 
wc'L'^hid,    First,   That    these    jwojile   sliouhl 
liU'Kilv  hit  together  concerninjj  tlin  kin:^\s  evil, 
and  thiit  there  was  such  a  discourse  iu  is  l;iid  in  i 
the  Indictnsent  about  it,  and  of  the  nnmhetVs  i 
prayin;^fi)r  the  people  for  the  cure  ofthe  kind's  I 
evifand  then  they  should  be  imuKHliately  healed . 
AntI  (>n  tlie  other  side  it  is  ju-etty  strange  (a**  he  I 
urires  for  himself)  that  that  should  lu*  per^eit-  ' 
ed.  uhicli  he  spoke  conc<'iTiin&f   the  prophtt^s 
prayinsr  f"r  Ihi;  kinj^,  antl  thrreupon  his  hand 
htinjr  healed,  wiierehy  the  prophets  ha\»*  the 
honour  (as  he  says)  'sometimes  by  i>rayer,  f»f 
eitrhii^  the  kiug^'s  evil:  so  that  sometbin<r or 
other,  thi-re  is  in  the  matter,  thatirives  a  mi<^h- 
ty  coi!iit«'iiance  to  wii:it  the  witnesses  s]ieak. 
There  i-*  a  eertnin  sort  of  occasion  (riven  (:is  one 
would  s;iv)for  sue!i  expressions  as  they  have 
testified,  \n  his  dlseoui'ses. 

Then,  when  they  come  to  talk  concerniii«»" 
the  rams-horns  and  the  platters,  the  witnt^ses 
say,  we  heanl  iiothinL;;  coneerninjf  platter*, 
mueli  Itrss  of  pewtrr  platters  ;  no,  it  was 
broken  pitchers,  and  tliat  was  occasioned  hv, 
and  iiad  relation  to  a  tuxt  (says  Mr.  I^osi'well) 
about  Gideon,  how  easily  he  discomfited  the 
Philistines'  army,  and  there  was  no  such  thifig" 
as  any  discourse  coneprning"  the  kin*;,  or  the 
^vcrnment  or  any  relatlou  thereunto;  it  was 
only  a  phrase  ustd  by  me  in  the  pulpit,  to  shew 
how  great  a  matter  ini^rht  be  ilone  by  little 
means.  And  so  hkewise  conecniing'  the  stone 
in  the  sling,  that  being  an  oceasionul  instance 
too  what  great  xniracles   ha>e  been  br<>u;;ht 


about  by  little  means  and  circnmstances :  1 
have  instanced  in  that  (says  he)  how  Daviil 
killetl  Goliath  with  a  stone  out  of  a  sling,  nnrj 
that  our  8a^  iour  Jesus  Christ  cured  the  blint] 
man  by  a  little  spittle  mingled  with  clay.  So  that 
he  u'ould  insinuate,  that  those  words  that  wen 
spoken  \\ere  not  with  any  such  intention  as  tlu 
king's  counsel  would  make  it,  and  as  the  indict 
ment  insinuates;  but  only  in  a  common,  ordinary 
preachment,  as  inferences  from  such  and  sueii 
scriptures.  And  whether  this  that  be  talks  of! 
was  the  discourse  he  held  at  that  time ;  oi 
what  the  witnesses  sjieak,  mu5tt  be  left  to  you ; 
they  having  sworn  it.  And  this,*as  I  talce  it, 
is  the  substance  of  the  evidence  given  by  the 
one  and  the  other  side. 

Then,  gentlemen,  Mr.  Rosewell  put  tbe 
question  in  the  moniinn^,  and  he  seemed  to  in- 
sist very  much  up(»n  it  in  point  of  law,  that 
the  dis'.'oui'ses  of  a  madman  cannot  lie  treason. 
It  is  true,  tliat  such  discourses  cannot  lie  trc- 1- 
sou,  if  you  lake  madmen  in  the  true  sense, 
that  the  law  conunoidy  takes  it.  All  iraitor«, 
all  knaves,  and  villains,  ar<'  somr>  way,  ami  in 
some  sense,  matlmcn ;  for  no  |>ersou  can  act 
with  any  roison  in  any  such  aflairs.  Treason 
is  not  to  be  connnitteJ  upon  the  foundation  of 
rirason.  TluMx-fore  uj)Ou  his  asking  of  tlie 
question  of  the  witnesses,  what  reason  there 
was  for  him  to  ns4*  such  expressions ;  I  told 
him,  >ou  did  it,  ac«!ording  as  the  iDdictmcnt 
says,  which  is  drawn  according  to  the  prescripts 
ofthe  law,  by  the  instigation  ef  the  i\f\\\ ;  yon 
did  it,  not  only  \%  ithout  reason,  hut  against  rea- 
son. Jlut  if  t  \U'.  bare  say  hig  that  it  \«  as  against 
rc>ason,  and  that  i  heir  fore  a  man  m  us  a  mad- 
man, would  srne  the  turn,  them  would  lie  no 
traitor  aceordiiii^  to  that  rule  :  liecaiisc  every 
traitor  would  Ih^  a  madman.  Every  traitor  is 
a  madman  ;  hut  cvary  madman  is  not  a  traitor. 
A  Uiadman  m  our  common  acceptation,  is  one 
that  is  c.:!pii\atcdiii  his  senses,  not  one  that  id 
corrupt  in  his  will  and  utlections,  which  must 
he  the  d(*fmition  (la  traitor  :  so  that  the  argu- 
mcut,  I  must  tell  you,  is  fallacious.  Every 
man,  that  is  depravcMl  in  hih'  mind  and  afTections, 
is  a  madman,  so  as  to  he  an  enemy  to  the  go- 
vernment, or  to  mankind  ;  hut  he  is  not  such 
a  madman,  as  is  commonly  meant  by  thai 
word  ;  one  uhose  winds  may  be  mistaken, 
because  of  some  disorder  in  his  understanding, 
so  as  to  \h*  excused  from  the  accusation  oi 
trrtason.  Then  lore  u  hutsoever  cons«|uencc 
there  may  be  ui'ihv.  thi.C;*^,  1  must  tell  you,al 
men  that  talk  afur  this  rate,  that  this  person  i:r 
accused  to  talk  in  his  pulpit,  they  are  every  one 
traitors,  ami  so  madmen  ;  for  <*'ory  traitor  is c 
madman:  and  if  in  case  Mr.  Kuscueil  b* 
guilty,  he  is  in  that  sense  a  madman.  If  i  - 
true,  in  other  thini^s  you  fmd  him  a  man  u 
very  notable  un<lerstan.lii)^,  a  man  of  a  ^er^^ 
threat  insinuation,  oiic  that  Ikis  a  gi-eat  deal  o 
Imowlcdi^o  in  tlu'  lor.i^  ucs,  lookiil  upon  to  li« 
a  very  IcMiiod  aud  ir.tri  iiioir-«  man  ;  whu  wa 
thou'^ht  tit  to  l»e  a  tulor  Xat  Sir  Kflward  Hun 
^erfbrdVs  children  ;  and  h.ts  luul  very  mauy 
Icuined  discourses,  and  shtwu  hiiust;!!'  to  b« '. 


Salt]  STATE  TRIALS^  56  Ciiahles  IT.  l684.— >r  High  Treason. 

ntn  of  f  ery  (rreat  |Hirt9.  Tlioiiijrli,  if  he  be  a 
traitor  upon  thb  evidence  that  is  ^iven,  lio  is, 
■eo  nomine/  a  traitor,  and  consequently  a 
■adman,  for  preaching  and  publishing  sucli 
iietrioe  as  lhi:»,  that  nill  not  serve  tfi  ixcusc 
him  from  his  treason  :  but  the  rather,  liettausc 
he  Bi  a  man  of  so  much  learningf,  it  aggi-avates 
the  treason,  as  it  muse  needs  do  to  any  body 
bthe  n'orld  that  considers  it.  For  he  iiiuier 
that  pretence  otferingf  to  preach  bis  doctrine  as 
fBipel-trutli  to  ij^iorant  people,  it  seems,  t'.00 
cr more,  of  all  trades  and  persuasions,  whose 
hh  it  Has,  acconliuj|r  to  law,  to  have  been 
then  at  c&urcli ;  men  of  strcn<^h  and  ability  of 
Mf,  as  t}iey  appear  to  be,  for  the  service  i)f 
Ifeffovemnient ;  for  these  people  to  bo  <!c- 
kuraed  into  rimtIi  doctrines  as  these,  of  stand- 
ia?  10  their  principles  a^inst  the  guvernuifcut, 
ibraMfe  learned  the  man  is,  the  greater  and 
UKker  is  the  crime  of  that  man  that  is  guilty 
if  it  God  kno^s  whether  that  be  Mr.  Uose- 
■iell*»case,  and  you  that  arc  of  the  jury  arc  to 
lrj:it:  to  do  it  under  pretence  of  preacfiingtlie 
Md  is  the  worst  way  of  doing  it  Uiat  could 
K  taken  ;  tw  quote  scripture  for  rebellion  adiJs 
todbe  crime,  as  it  did  to  that  of  those  black  ^il- 
hi»ibat  were  concerned  in  the  murder  of  our 
hteifrfad  Ki'Vereign,  who  has  been  so  often 
■otiooed ;  they  were  geaerdlly  the  preaehrrs 
if  the  laie  tiiues  tikat  contributed  to  that  horrid 

GoidemeiL.  it  in  notoriously  known  to  you  hi 

ttiuiu^ed  late  hellish  conspiracy  against  his 

Mid  and  most  merciful  majitstv,  our  so\e- 

Rjip  that  now  is  (%i  horn  I  pr^.y  6«m]  long  ia 

f^BK^mayjs)   those  that  had  an  hand  in  the 

■tantiMi  to  destroy  liiui.and  his  r(»yal  brother, 

nvifit&t  ruariy  of  thcui  black -coat  dissen- 

mii ihe church  of  England ;  and  I  cannot 

■/ 1  luMw  any  one  mcniber  of  the  church  of 

bflaad  that  had  any  band  in  it  at  all.     How 

■ttv  of  them  stand  now  (x>uvicted  by  outlawry 

ftr  that  bUiody  treasiiU,  I  won't  say  all  parsons, 

hi  gfner^lly  all  of  them  diss<>nters  ;  and  we 

hmm  these  are  th(»se  l>ase,  pn»digate  viilnhis, 

a%s  uiaile  ii^c  of  in  these  base  sinks  of  re- 

\ntl  tliev  are  the  common  sewers  of 

,  tlie9:c  coijvi'ntii'K's  are,  and  of  treason 

cf*nspiracy  ag:ii:ist  the   government    in 

rh  and  s.ate.     (jod  be  praisHt,  we  h:i\e  a 

a  on  tliat  teaehr.s  us  niuch  b;'ttf  r,  a  religion 
UUied  hy  the  hi\«s  of  the  land,  and  \\itli 
tetdectrncy  of  uorship,  and  care  of  t!:*?  soiils 
if  tteii,  that    !nav  bring  us  all  to   heav(  n,  h\ 
Acjf.aceof  fioii,  ifwc   please  to  her.rlun  To 
Aedictatf-'i  <  f  ir,  and  to  mind  \thnt  is  injoined 
Mb«ur  du*v  hy  the  law  ;  hut  when  peoolcj  are 
MBedehi.Ud  by  the  insinuation  (d*  such  f:d.s(> 
Inehers  ami   run   into   faction  and  diseonlcn^, 
kithe\  wiU  ^tjf,u  rnu  into  relicllion  too.  Ami  1 
ytakthis,  tb'-  raiher  to  deter  and  j^ivc  w::r:»- 
Iflo  oth«T  peopif,  to  have  a  cnro  how  they 
IMm  sear  «uch  plaics,  and  sueh  pnictices, 
llBto  afiec't  you. 

n,  here  you  have  hail  three  wit- 

czandbcd  against  the    prisoner,    who 

I  Mcnsed  for  a  crim*  of  bigh-trcason.    1 


[258 

nmst  confess,  I  have  taken  up  a  great  deal  ol 
the  time;  and  a  great  deal  of  the  time  was 
taken  up  before  ;  but  there  is  no  time  too  long, 
wherein  a  question  of  so  mighty  moment  us 
this  is,  is  to  be  decided  :  the  government,  thk 
preservation  of  our  king,  the  preservation 
of  our  religion,  the  preser\ation  of  our  laws, 
are  all  concerned :  for  by  the  destruction 
of  our  king,  and  of  our  govermcnt,  our  re- 
ligion, and  all  that  is  neur  and  dear  to  ns 
in  the  world,  will  run  a  great  bastard,  if  not 
come  to  a  total  destnietion ;  and  I  am  sure 
it  did  come  near  to  it  in  a  former  time,  by 
thi.s  very  suil  of  way.  Tiierefore  I  injuin 
you,  in  t'ic  presence  of  the  Aimif;hty  t«od,  let 
neither  di-  nittasurf,  nor  any  soit  of  personal 
imimositvj  in  any  tlung.  Hint  has  been  contract- 
e<l  by  hearsay  irom  abroral,  nor  any  imngina- 
lions  that  have  lieeu  suggesied  here  without 
proof,  any  way  direet  you"  in  the  consideration 
of  this  cause  against  the  nrisoncr  at  the  bar. 
Hut  go  accdrdlng  to  the  evidence  that  has  lK*en 
here  before  you,  en  the  one  side  and  on  the 
other  side.  For  as  on  the  one  side  you  arc 
not  to  be  corrupted  by  common  talk,  or  any 
prejudice  against  a  portj  or  a  faction ;  so  ai"e 
you  u(/t  to  be  inlsicd  by  any  affirmation,  or 
rcHeetion,  or  com.jient  that  the  prisoner  has 
made  or  said  for  himself,  other  than  what  is 
supported  by  the  testimony  of  these  witnesses 
thai  he  La]  ;;i*oduecd,  an**  A^  liuse  evidence  is 
left  lo  you  to  consider  :  for  you  must  not  be 
led  by  any  circumstances,  or  by  discourses, 
but  what  is  sworn  on  the  one  side  for  the  king, 
or  testitieil  on  the  other  for  the  prisoner.  And 
theret()re  I  can  with  all  frei  dom  and  zeal  for  the 
government,  and  all  tine  compassion  to  the 
prisoner  at  the  bar  (whom  with  ail  ni}'  soul  I 
am  sorry  to  see  accused,  or  indeed  any  man, 
of  s'ueh  a  criuh")  leave  this  matter  entirely  n[ion 
the  evidence  that  has  been  givi-n.  And  tfiougli, 
I  say,  1  am  sorry  to  see  him  accused  ;  yet 
such  transgressioils  arc  aggravateil  now,  when 
u«*  live  in" an  age,  wherein  we  ha\e  all  peace 
and  plenty,  while  tho  rest  of  our  neighbourii 
are  \^  allowing  in  their  bltMid  round  ahont  us  ; 
son\e  Me  hav<!  hrtird  o\\  are  brought  to  the  ne- 
cessity' of  calinjx  tlu»  most  fi'aijy  and  basest 
animals,  that  never  was  designed  for  the  food 
of  m:in ;  1  say  ^^heii  all  our  neighbours  arc 
giJ.jiMing  under  thi'  miseries  of  war  (blessed  be 
(io»!\  ue  live  and  sleep  i\\m  \\\  under  our  own 
\in(s  ;  v.r  <-i)oy  the  b<nefii  <d'hi'ing  subjects  t«» 
a  gr?.<-i()u>.  king;  we  enjoy  the  full  e\tf nl  of 
our  l.iur,  \\]ii<;li  are  surli'ient  to  stfin-c*  our 
libcrtirs  and  [»roj)ertie:; ;  ?T»d  no  man  cjui  Iw 
l-roeyiit  (no,  in»t  rne  ni'  {Uv.  uH-anest  sul.jt»i'ls 
ilu"  king  liiis;  to  Mi.ieh  an  miMnuly  md,  ln!l  hy 
tlie tmi'  ujttliods (djuMiec 

lie  is  lo  he  trail  by  \on,  i;rntlenien,  ^ho 
are  gent  Uiuen  tjl^jualily  of  !?•!•  louiity  ^I'tre 
the  fact  is  alledgr  d  to  l«-  t.mujittrd;  against 
whom  he  mioht  hn\<' madr-  hi-.  ei»allenges  aiuf 
exceptions,  W  he  hiul  :.nv  n*a>o!i,  as  he  di«| 
ag:iinst  the  others,  are  .n!iug  to  the  libert\  the 
law  allows  him,  without  any  reason.  Si>  thai 
you  staud  indiUbruU  between  the  king  and  the 

S 


iB0}      STATE TlllALS,  BG  Chahlrs  if.  1684.— TriflU/  JhmaM  R&saffeU, 


I 
I 


ndisouor  at  the  bar,  to  try  tills  niusi%  whrther 
he  be  tfuJlty,  or  not  guilty  of  the  treuson  uf 
^bit  b  he  sfantlti  accused.  In  case  the  late  its- 
lentJed  rebi-llionfi  ami  iusurrections  had  tiiken 
ll»  '1  cftect,  accoidiii^lo  ifu*  dottrme 

JM  these  stTnions,  of  sUuulmcf  li>  jirn- 

f':  ,■,-;...  .   ."  ,.  '  ,:  ^. 

«^m'  one  of  iheni  might  le  nctunUy  tTigaged)» 
1  snv,  ill  cn«e  sucli  a  ihiijg  hud  Wen,  U»ere 
had  teen  nothing  but  eutlmg;  of  ihrtmtij ;  there 
hjid  heen  nojisstice  for  any  sohjcet  ro  have  e4- 
necte<l ;  nn  methods,  or  pn>ceedin|j^  ot  laiv  ; 
but  destruction  would  have  come  upon  tis  like 
«n  annrd  mau. 

Therufure,  gentlemen,  as  the  evidence  ba^ 
licen  lotiL',  so  I  horn?  ynn  will  g;ivc  me  your 
pardon,  that  I  h.'ive  been  tlie  longer  in  insisting 
ttpon  it ;  and,  according  to  my  beflt  understand- 
tD|t  and  memor\\  1  have  g-iven  vou  the  best 
Hecount  I  can,  both  of  the  evidence  for  and 
oguiust  the  [imontr.     You  nw  judges  of  the 

ffi^*     ""^'  ' V  fiod  direct}' on,  and  ifiiideyou 

i»'  lices,  that  the  truth  may  be 

di.  -     L.^  i  :^   ,!;urverd»cl» 

HjoscwcIL  lilay  a  loyal  subject  speak,  my 
lord  ? 

L,  C.  J,  No,  Mr*  Kotewdl ;  after  the  Jury 
art*  cliar*ri«d  by  Ute  court  yuu  arc*  not  to  say 
any  thing,  l^v*ear  au  olfic«?i'  to  keep  the  Jury. 
[VVbich  u as  done,] 

'i'ben  tlip  Jury  withdrew  into  the  usual  njom 
far  such  j>urfK>sca,  to  consider  of  tbdr  Verdict ; 
and  afU'rH'Hrds  they  returned  into  court. 

CVitA  of  Uh-  Crown.  Crier,  take  the  appear- 
ance of  ifiejury. 

Crkr.  Sir  George  Sheers. 

Sir  OtiWMC Sham.  Here. 

Crier.    Vous  aveic  Sir  George  Sheen,  3tc, 
fAnd  »o  of  the  rest. 
«yCr,    GentlemeQ,  are  you  agreed  in 
ymir  Verdict  ? 

Jury,  Yes, 

Ci.  flfCr,  Who  shall  say  for  you  ? 

Juri/.    Our  ForemutK 

Ci\t'Cr.  Thonjas  llose^^ell,  bob!  up  thine 
hand,  [Which  be  did*]  Y'ou  i»f  ih**  jury, 
look  upon  the  prisoner.  How  sny  you  ^  Is  be 
Cuilly  of  I  he  uit^h- treason  whereof  be  stands 
htdirtiNl,  or  \n\,  Uuiliy  ? 

IWrmun.  Guilty* 

VL  of'Cr  What  gtuxk  or  ehattetji,  lands  or 
Unementft,  btid  he  at  the  time  of  the  bi^b- 
tri'tiMtri  ( uiiiii.int  d|  or  at  any    time  ciince,  to 

I  'AL\  that  we  know  of. 

Mot,  ibt'O  iliv  Lord  liave  tnercy  upon  the 
jury  !  My  lord,  I  huintilj  rec]Ue*it  this  favoui » 
lb  HI  ibcy  may  be  aske^l  icparatim^  wbetlier 
tbev  he  all  rd'fhe  Mame  opinion* 

/*.  C\  J.  That  i»  never  dorie>  Mr.  Hosewell, 
uoUhm  ihiin<  \h*  unv  dilferonccT  suggfcsted  from 

tnl  to  tliem  tlieinselves  ; 
4$t  1  Urti  V  iicai  a  umny  timci  iJlc  j>iry  gt  by 


the  major  part  ;  and   I  VfoM  kli9«^ 
ihty  be  all  of  that  opinion*    Therefore 
they  may  be  asked  that  question* 

t.  C.  J,    You  umsi  be  eootented*  Mr 
well;  in  case  there  neie  any  dttft- 
i»liouhl  hi-ar  of  it   from  ainoiiq'st  tb 

CLofCr,    T       1       V  ^ 

the  court  has  f 
Itosewfll  in  t/n.Hv  «it  n** 
be  Jjtunds  inilictetl ;  but  i' 
chattels-,  Urids  or  U'neui< 
b)j(rh-ttea$ioii  LMitnmitteit^  ^cc, 

ymtr  knowledge,  and  so  \ -     ^  ; 

Omnet.    Ves- 

C7,  of'  Cr*  Gcnlletnen,  the  ooari  - 
you. 

L.  C.  X    Marshal,  you  mu'*t  take  liiin 
your  custody,  Wing  now  '  i 

ifjw,    Mv  lord,  I  wout'i  jeg',  fw 

jur> '       ■       :i  luselves,  thai  Itiai  ipiestiow 
ben-  ji. 

L,  I, .  7     \\  r  uiu«(t  not  induing  any  it 
tiouiS*     It  is  not  iisuh].     Yon  miiv  ask  Ibem, 
you  plea*ic  ;  see  wbt**'  -^  *^'"*  *vill 
We  nuisit  (JO  «cc<irdi  i  jrms  of 

Roi.    Then,  my  Im^.,  ,. ; ui«--;t  ot-nt] 

estates  wer*  joined  in  one,  In  f 

conditions  with  that  man  of  th> 
possess  the  wbole« 

L*  C.  J.  Mr.   Roscvrell,  ^e  mvisi  h$,Pt 
reflection*  upon  the  jnry. 

Then  the  pnsoncr  wa<t  tnketi  i^aVt  tli4  I! 
court  broke  up. 

Die  Lnme  24  Nov,  lOa^i,     B.  lU^/i. 

DOMlNt.S  UliV  V,  ROSEWELL. 

Til  is  day  Mr  HosewcH  beiag  brought  up 
the  court,  to  receive  sentence,  tlie  isoiift 
ceeded  as  follo\rs ; 

X,  C.  J.    Brother   Jenuer»  bare  ytm  m 
tiling  to  move  ? 

Scij.  Jenntr,    My  lord,  wc  wait  uuon 
prisoner  at  the  bar,  lo  desire  jud^men 
conriction  that  wa!S  here  the  otbi.i 
'tifason. 

A^'ainst  the  prisoner  ftt  the  tnr 
you  mean  : 

Serf .  Jm  n  tr.    Yes,  Sir . 

L,  C*  J-    Then  call  him  to  bl-j  ju< 

CV.  of^  Cr,    Tlnjmas  Rnsewell,  bo! 
hand.     [  W  bich  he  did  ]    Tliou  hast 
dieted  tor    big'h- treason^  in  compasfttn^ 
iuiBgining  the  deoth  of  the  king',  and  thi 
verAioti  of  the  i;overnment  r    Upon  tin 
dictment  thou  hast  been  arraiofned  :  V\  * 
arrarpnneut  thou  hast   pleaded  Not 
And  tor  thy  trial  thou  hast  put  thyself 
God  and  thy   countn^ ;    which  country 
found  thee  O'^uilty .     Wliat  hast  thou  to  sa^ 
thyself,   wherefore  judgment   should   not 
(fiven  a'^ainst  thee,  to  die  accordiii}?:  to  the  biir 
[Then  ne  wa*  made  to  kneel  and  rise  a| 

Roii'ucif,     My    lord,    I     humbly 
that  your   lordship    will    not  give 
Jig^ainst  me  upon  this  indictment,  o 
thv  circumstanocs  of  it,    I  bti?e,  niy  li 


ht^'trfasi 
L.  C.  J. 


M] 


STATE  TRIAIA  36  Chables  1L  l6S4,— >r  High  Treaim 


I  id  tliU  bdoour^Me  court,  in  the  presence 
-'•-*•  *^  '♦    ftrp  scare Kev  of  tiearfSf  my 
4" ;  tut  I  baTe  been  found 
li^  ..  II  \vlu>m   lUe  Lord   have 

I  :  iny  detestation  anil 

,  II  in  my  Tery  soul  \ 
W  I  do  humbly  bf'^;  your  lord&hip  and  the 
^ttrt  to  com|]aisioiiate'tny  preHont  condition  ; 
^^'*tlj  biiinbie  snbmissron  to  your  lordsluiit  1 
enter  iotn  my  disrx>ur3«  unon  that 
taesds  ;  for  1  would  be  M\  taken  thus^ 
gttt  io  this  convietion  to  deny  the  thesis, 
■  was  guilty  of  spesikine  Biich  words 
in  the  indictment.  Bui  U(M>n  the 
-1  r  nz  that  1  ivere  g'uilty,  I 
tliAt  these  wordfi,  as  they 

vt  lai^.,   * IVeaiion.     They   are  very 

Cnlob  mod   ugly  vrords;  and  nmy  be  a  very 
DisdciDeftnour  inlaw  (if  true,  whicli  still 
i  over  and  over  again  insist  upoo)»  but 
not  treason.     And  I  lieg  your  lord- 
tio  oie  the  fuvour  to  let  the  Indict- 
*  re«d  once  more, 
J.    Ay*  with  all  nny  heart. 
Rot,    I  huinbJy  tUank  ^our  lordship  i  I  de- 
t  »ay  be  read  in  Latin. 
.  C.  J.    Ucad  it  to  him  in  Lutin* 

'  t$,  Juratorc^pro  Domino  Uege  suptT 
encam  suutn  pr;r8entaQt,  SfC, 

[Tbc  wb^le  Indictment  was  read] 

Btfv*  1  humbly  thank  your  lordship.     There 
DC  things  that  1  shall  ofler  to  your  lord- 
iKiTes^  of  judgment  out  of  this  indiet- 
ii\A  I  request  your  lordship  to  bear  me 
K  Ing  hert'  fur  my  liie.     I  pray 
lie  arrested  for  theie  causes; 
rnot  any  crime  !»ufficiently  set  forth 
Jftbip  to  ^?e  judgment  upon,     My 
Jgliy  take  it  fur  y;rantedf  that  in  all 
I  oi  treaiion  there  mu»t  be  some  par- 
r  of  treason  ussig^ned  ;  uud  that  it 
cient  tadjctnient  in  j|p^neraT»  that  a 
intend  to  depose  the  kinjj,  or  to  raise 
liun,  n ith out  some  Overt- act  poMtii^ely  wi- 
]  to  b*'  linnrhv  that  person  ;    the  jfeuenil 
IfcittioQ   1:  ai)   iudu cement  to  the 

1  I  luattepi  that  set  forth  the 

r  LretiiH»tK  are  tl»o«e  that  mnke 
,  upon  which  the  court  and  tJi« 
piooeed.      ^o\i\  my   lord,  if  that 
er^  timt  b  altedged,  lie  ins^ufScIent, 
nhie  submission,  thoug'h  there  be 
ny  such  sorts  of  facts  proved,  and 
jury,  the  party  i^nuot  be  con- 
rfreasoD  :  For,'  in  this  case  the 
I  same  adtrantagc  to  except  iigolnst 
B  particuliirs  alledged^  to  prove  the  jfcneral 
fffci^c««..ri  tFV-ncon,  851  acainst  the  gneneral  trea- 
in  II'  \  with  humble  submission,  my 

hrt^  V-  \\  that  the  matter  here  sug- 

.  as  will  evidently  anpcar 
yfafli  i  ii  !o  offer  to  your  lordship, 

ftn4  utjii  pruiei  pal  objection  that  I  have, 
i«t  the  inuueudos,  which   are  so  many, 
^mr$os^,in  these  words  that  are  allcdged 


Hl^ar 


against  me.  These  inuuendos,  my  lord,  I  say, 
are  nought  and  void  ;  aud  t  presume  that  it 
will  be  allowed  to  mc,  upon  reading  of  the 
words  by  themselves,  as  had  and  as  foolish  as 
ibey  are.  >V^ithout  these  iimuendos  there 
could  nothing  be  made  out  of  such  words  as 
these  are,  neither  trt^ason*  nor  any  thing  else. 

Then,  my  lord,  in  the  second  place»  laying 
asitlc  the  innuendos^  I  muiit  insist  upon  the  re- 
pugnancy and  instMisibility  of  the  words  laid  in 
the  indictment,  being  in  Latin »  and  such  Lahn« 
as  I  believe  your  lordsViip  never  saw  ;  au^ 
upon  these  two  points,  1  de.sire  that  judgment 
may  be  arrested,  and  I  humbly  pray  counsel 
may  be  Assigned  uie  to  make  them  out  m  bet* 
lerTonn, 

L>  C.  X  What  say  you  to  it,  brother  Jenncr, 
and  the  king's  couosef? 

Serj.  Jtrrtwer.  1  cannot  see  that  he  has  al- 
ledgedany  objection,  which  hei-e  requires  an 
answer  from  any  of  us,  that  are  of  counsel  for 
the  hing. 

L,C.  J.  Yes,  brother ;  raethinks  h«  does. 

Att.  Gen,  Ifhe  docs  pretend  to  object  against 
any  of  the  overt -acts  alletlged  in  the  indict* 
ment ;  3'our  lordship  observes,  this  indictment 
is  upon  the  statute  of  the  13tli  of  this  king, 
wherein  words  are  made  treason,  if  they  in- 
tend any  hurt  or  imprisonment  to  the  king-s 
t»erson.  For  his  objection  as  to  the  hmuendos, 
ic  dues  not  assigu  wherein  they  are  repugnant, 
or  insufficient,  lie  does  a«isign  in  particular, 
indeed^  th lit  it  is  insuflicient,  being  a  general 
crime ;  which  yet  he  does  not  say  is  not  suffi- 
ciently laid ;  for  it  is  said,  that  he  did  compass 
and  imagine  the  death  and  destruction  of  tlte 
king  :  And,  to  eifect  that  compassing  and  ima* 
giuatiopt  he  did  speak  such  and  such  words, 
which  by  the  statute  are  made  treasou  if  they 
tend  fo  attempt,  by  preaching  or  writing,  any 
imprLsoumenc  or  harm  to  the  king's  person. 
Then  for  him  to  come  to  talk  of,  '  standing  to 

*  their  principles,*  after  he  had  spoken  of  *  two 

*  wicked  kings  together,^  meaumg  the  laie 
king,andthe  present,  and  that,  '  then  weshould 
'overcome  our  eotunes,*  what  is  that  but 
preaching  in  order  to  raise  a  reheUiou  and  in- 
surrection, tending  to  the  destruction  of  the 
king,  and  his  government  ?  All  this  is  laid  in 
the  indictment  ;  the  jury  iind  it  spoken  ma- 
hciouslvt  and  with  such  an  intention  as  we 
have  hud  ;  and  therefore  we  think  that  it  is  suf* 
licient. 

L,  C\  J,  Uut,  if  I  take  the  gentleman  right 
(for  1  tell  you  befomhand  justice  must  be  done 
to  all  people  im partial! Yi  the  crime  is  a  very 
great  cnme  that  he  s»tuiids  uccu^d  of;  and 
the  jury  have  found  him  guilty  of  ilie  crime 
laid  in  the  indictment:  But,  if  I  take  him 
artg^ht]  he  does  not  say  that  wonis  are  not 
sumcient  to  create  a  treason,  but  the  words 
here,  as  they  are  laid  in  this  indictment,  are 
pot  sufficient :  And  as  I  take  it,  there  is  no 
great  dilHculty  in  the  matter  ;  but  the  wonia 
would  have  been  sutlicienl  to  have  supported 
the  accusation,  if  they  be  well  laid.  But  the 
f^uesttoti  is,  whether  the  wordt»  that  you  have 


SS]     STATE  TRI ALS»  Sff  Charles  11,  ifiSi.— ThW  of  Thomas  Rmwir,     [S 


bid  here,  be  so  po^ lively  a65rine4l  to  hare  been 
okeii  bj  the  prisoner  and  to  rcbfe  to  tlic  j(o- 
nimtfnt,  ns  tUey  ought  to  be  in  un  indicitricnt 
li%b  ti-easoii  f 

Att.Gcn.   That  the  inilictmeiit  rou&t  make 
Pill ;  aud  the  jury  have  ibuud  him  ^liJty,  ac- 
li^rdiuif  tn  tht^  iiiJictnient. 

X.  C  X  But  that  b  his  objection,  they  arc 
[jiot  soin  the  indictment. 

AU.  Gen.  My  h»rd»  they  are  laid  as  the 
ritnesses  swort;  Iheai :  as  your  lordiihip  can- 
Hoi  but  remeraber. 

L.  C.  /,    That  they  are  net  positively  af- 

Brmed,  but  only  tiDedgeH  under  an  innuendo; 

liat  is,  he  s[»okesuch  and  such  \%ordii,  whereby 

be  compared  Uic  king*  t<»  Jeioltoam,   and    tlic 

lllke ;  and  we  had  two  w  ickcd  kingia  tojycther, 

|bl3t  if   we  would  stand   to  out  principles,  wo 

ibould  overcome   our  enenutii,   innuendo  the 

lu^,     'i'he    alletlging   erf  the   w  orJs    spoken 

I  in  the  indictin<mt  vh  positive,  if  tliere   be  bofli- 

[c)ent  matter  in  the  words  to  make   them  ap- 

I  Bihcabte  lo  the  government,  so  as  to  make  it 

llreasiQn.     Bm  if  you  #>nlv  *ay,  he  spoke  I  hem 

t^tmtendo  «(0  and  sa,  ihat  itj  not  pL>siiive  enougii 

To  make  the  indictment  good.     1  take  it  lue 

Bbjeetion  rims  ifiut  way. 

Urn,    My  lord»  I  hmnMy  thank  your  lord  - 
^^brii  tin*  exiifaining-  mv  niraninir  :  it  is  so; 
/„  L\  J.  ^  In  T ..  e.is«^,  tf  yon 

ay  the  dffcno.r  nd  such  words, 

"ymi  do  not  hi>  u  ,  p  them  of  tht 

plamtifi;  in7iuni<f(\  ;ifl;  in  repent- 

^  0 rdfs  vvt>  n '  I  * .  V .  .  .  -  ,  i  t  re ,  i i  y  o u  had 
|ht  it  in  the  tndtt'tment,  that  having  dis* 
fe  oi  thr  itttc  king  and  this  king",  he  had 
ti^cii  ih<"HO  words?,  •  We  ha?e  now  had  two 
r*  wicked  kir.^s,  &c.-  you  ehmi  had  bruughi  it 
[liome  to  htm  :  but  you  do  not  lay  it  tlial  it  wau 
oken  of  them  at  all,  but  onty  in'th*  immvndo ; 
■^tfls  you  ougfht  to  say,  first,  That  he  s^pokt- 
I  btc  king",  and  this  kinij  ;  and  then  said, 
Nave  hud  two  wicked  Unv^s  tog^*ther,  in- 
fmucitdo^  I  he  Jate  king,  and  this  king. 
'  An.  Gt:n,  My  bird,  1  do  not  know  how  we 
I  could  have  done  it  bcUer  th»n  we  have  done* 

L.  C*  J.  lx>ok  ye,  w^e  give  no  opinion  ;  hut 
^thc  objection  has  weijjht  in  it^  upon  m)  word, 
I  Ai  I  told  vou  before,  in  common  rasi^s,  an  ac- 
i  tio«  of  fhc!  case  ibr  word**,  or  tl\e  like,  ynu 
ritiitxt  lay  a  communication  coocemijic'*^*^ 
Ffilainlifr,  or  an  intiumdo^'iM  not  be  asutficient 
[  aierfiient  of  its  lieing;  spoken  of  him.  In  en 
'  I  of  ihf  ciise  for  words,  till  utlhiu  these 
In  or  eif^ht  yearn,  they  wen*  obliged  to  lay 
r  the  plaintiff;  and  of  hi<%  tnide  ; 
I  me  him,  were  bp<»kt-n  of  him 
ill  Mtrii  u  iitut'  such  word^,  l^<s  thnt  h^  was  a 
^  <?beatin{r  knn^u;  wher*.*  the  woni  knave  would 
1  Ix^ur  an  action,  n  hnre  innucntjft WmiW  not  do, 
tikiii  wdH  nr»t  tnoTigb.  But,  now  I  confess, 
klmncedtelaratUius  nre  made  a  littli^  more  con- 
1  ci«(e,  you  need  only  ^y  *  dixit  ile  qnaTente,* 
bwudi  «nd  Huch  wonk"  without  a  Voitoffuiuffif 
fliul  you  must  5ver  it  t'j  be  spoken  of  the  plain - 
Ltilf.  1  never  thou^it  it  |fnod  in  snth  a  cose, 
,  ^  My  of  a  merchant,  tie  is  a  tiattkrnpt  knare 


{innuendo  the  plaintiff),  unless  be  say  he  ^ 
of  his  ti'ade  and  merchandise,    t^o  tbat  the 
jcrtion  does  seeno  to  carry  rery  niucb 
iu  it, 

SoWior  General  (llr.  Finch).    My  lord, 
ynur  lordship  would  ^ive  me  k*ave,   1  woi 
endeavour  lo  ansvrer  tne  case  as  yt^nr  loidjjl 
has  pni  it ;  for,  my  lord,  no  donht  m  all  coi 
nion  actions  of  the  rase  for  words,  it  rnuai 
averred  lliat  tlie  words  wei*e  spoktn  (tc  jn 
of  the  ptaintiff;  hut  the  first  partol 
ment,  m  tliis  case,  shews  that  the  v 
be  spoken  of  the  person  of  tiie  king,  ;-i 
late  kinijr;   tor  it  says,  be  did   cunfi[ 
death  and  destruction  of  the  I  1 

(Mise  him  from  hisy:Ovenmieii( 
that  traiterous,  wicked  inienutiii  ^pi   i 
intcnttotte  lie  did  speak  these  words  of 
veriimeot,  ♦  We  have  bad  two  wicked 

*  together,-   meaning  Ihia   king  and  the 
king- 

Z.  C,  J.    If  you  bad  said  fto,  that  be  «^ 
these  words  of  the  king»  you  had  an«wV 
mv  objection;  but  the  conspimcy  of  the  d 
ol'  the  kin^  bein^  only  a  general  form 
treason,    will  not  make  gotnl    an  mdicf^ 
of  higli  treason  -,  but  yo^  must  vh»-w 
acts  or  words  to  evince  and  prt        V       '\ 
his  intention;  that  he  did  eit 
and  Siucb  words,  or  did  KUch  -  > 

It  i%  not  a  gfu»d  indict meul  to  » 
■;    ,  for  he  spoke  fv  ' 
■  >  c4iiTy  on  hi<i  1 

.....    ....J  such  v..n,t.   of  .,..  ^„.,..._... 

mtist  be  potiitn  d, 

SqI  Grn,     V\  ,  mv  lord 

*■  et  ad  ea!^dem  net  and  as  | 

*  rimpleud&s,*  he  spiike  % 
Wehaveha^l  two  wicked  kmgsi  togclht!f»  i 
uurndo  this  king  and  lite  late. 

L.  r.  J.  You  ha%e  innuf.nd<i^'d\%  UM  ttiib 
T  do  doubt ;  for  all  the  fncts  are  laid  imdi^r 
iiinncnd<Xi  MiUiout  a  positive  avcrtnenL 

Alt.  Gen,  My  lord,  I  think  it  isasfuUy  U 
as  il  |)ossibly  eouM  be. 

L  C.  /  Come,  Mr.  Attorney,  if  an  casrt 
common  artions  for  %» ords  there  \m  ^ueh  «iyi 
nc^s  reipiiretl,  ten  time^  more  ought  thcru 
be  in  an  itjdictment  of  treauon,  where  a  maj 
life,  and  all,  h  so  much  concerned.  1  am  i 
i»ati.%lied,  I  aa^biire  you,  that  this  indiHiBrnl 
well  hiid.  thotJgU  I  give  no  opinion  ;  but  In 
justice  wo  oujjht  to  aswgn  him  counsel  to  ma 
out  his  ohjcction, 

Ati.  Goi.  Alt  this,  my  lord,  is  only  in  4fU 

LC^J.    Mr.  Attorney,  *  Ue  vi' 

*  nulla  est  cnnctfttio  loiig-a.*    I  thin^ 
to  as5«tgn  him  ^  ^1  the  rest  or  my  m 
!hcr!arcofi'  loe. 

A(t.  Gen.  *.' i  tti.  :ij  read  colonel  Siilne 
Trial, '^  and  the  [odictment  there,  and  tbej 
find  it  the  siirue  ibing, 

L.  C*  X  1  cannot  ttll  whetlier  there  arc 
such  innumdin  there,  1  believe  noi^  b 
know  not  il'Uiere  were,  if  in  ease  it  had  1 


*  SeeTol  %  t>.  8ir,  of  ibia  CoHectM. 


STATE TRfALS,  sSCharlbs 

»H  in  aiTMt  of  judg^m^t^  what  ihe  court 
M  b»?e  dooe  thctt*     But  I  think  we  oaght 
tft  Mi^  lum  counsel  to  make  out  Uts  ob- 

•    Tery  fact  thftt  makes  this 
rTH'^' up  sedition  and  reLcllton 
iruj  we  saVi  to  effect  it, 
ii<  rn  his  pat  pit,  we  have 
together,  raeaniogf 
huvc  su^ei'eil  Po- 
ne uiidei  tiirir  noses;  hut,  if  yop 
■your  pnnctplejf,  meaning  ihepeo- 
■"  irour  coeniies;,  meanlntr 

PI  '3t. 

"  f!o  not  say  that  he 
^«ke  '  I  :^ :  iliis  you  shoukl 

ii  :.,.:- :i:espcnkiiigot  these 
fy^iy  overt- act ;  ari<i  if  he  did  not 
rof  ttie  kiojf,  ^  hicli  yon  ought  to 
at  Otily  hy  way  of  mnurndot  thai  cftn- 
*  think,  be  m*  (jo<hI,  lioi'  sofiirient. 
J«i».    H'tMinT.    I  take  It  that  these  are  the 
m  wonls  that  are  to  noaiutain  ihj*i  indict- 
.  and  the  <piestion  is.  nhellier 
hare  t>een  averred  that  they 
okc=n  otiii  '     .rs? 

,  J.    We  any  opinion,  Mr, 

'  jir-L  liuii    Keemti  to  he  $oinc 
t    and    weii^lit  in  the   objec- 
»  K  r-vt'  li  urjTUfcd,  uud  iheretbre 

An.   t  .     ■..    ,  L.  uk  your  loidshsp, 
.  £. C,  J.  We  (fo  ihnik  !t  Ht  to  Jook  into  it,  be- 
w©  nrue^tnl  any  tariher  in  a  case  \rherc  a 
'^ttn^thie  18  cOTicprnotl, 
Ritt,  1  prny  find  lo  bless  yourtordship, 
t'  i  you  have  na  ntn^d  to  thank 

'^  :u  do  justice  lo  a!l  men. 

fU*i,  Uui  1  <U  sire  to  rti tiro  luy  hearty  thanks 

'  jfour  lordsihip,  for  exphiniuf*'  and  maktntf 

I  tny  iinakilfuhief**  in  the  law  Avould 

nil  me  it}  do,     God  be  your  reivarder 

Ft*  C.  /.  Well,  who  would  you  bare  to  be 
ponsel  f 

fif  yonr  lordship  pleases,  ftlr.  Wallop^ 
hpxfi-ii.  :nu\  Mv.  Thonms  llaraptield. 
rf-  C  u  as^ii^T^ued  of  counsel  for 

I  veil,  I  ihink  It  IS  noe  im- 

k»',  Oju^o  this  occ*j*i*>o,  to  take  no- 
liiai  H  in  my  mind,  relating- to  your 
I  In^c^use  f  observe  it  is  a  matter  of  great 
itioii,  and  *so  ^^•ds  M  your  tnirf,  and  here 
Rt  rrowii     "  "  '  now;  vhat  as  thii^ 

undr  if  t!  I  nt  (ulU  out  to  be  a 

Dent,  unirii  is  the  question  that 
btfffore  the  «*ourt>  so  that  you 
;,.,4..,.,^^t  of  high -treason  paijsed 
■r  according  to  that  jud^f- 
[ik,.„  ....,  ., ,  inc  of  thf?se  4CK)  people 
sr  yotif  auditurs  at  the  time  that  these 
lilt  are  thus  found  and  a<1jnd^ed  to  bij 
Oo,  w^rt?  spoken  ?  And  1  siieak  U  for  the 
of  all  eon?entiok'rs»  and  frcipieolers  of 
•fb  mertinj^,  (ts  tht^se  are.  If  yoo,  that  are 
tttpTOfberf .  and  tcaebere,  the  mouths  of  such 
s,  do  utter  treason,  and  so  they 


n;  1684.— /or  High  Treai^n. 

conceal  that  treason,  what  a  condition  are  thejf 
In?  What  are  they  guilty  of  ?  Therefore,! 
)>eople  will  consider,  they  would  do  well 
think,  that  when  they  go  to  such  places,  th 
go  at  a  great  peril  ^  being  to  answer  for  thetii-i 
selves,  ^lieir  lives  and  estates,  upon  the  pru-i 
dence  of  the  expressions,  to  say  no  more,  tba( 
come  from  the  teachei^,  I  only  put  3'ou  m 
mind  of  this,  because  I  would  have  all  standers*) 
by,  and  the  auditory, which  1  sec  is  lery  i^reafJ 
ill  mind,  what  danger  and  risk  tbey  run  in  lliitl 
offending  the  law,  ^^ 

Htn,  My  lorrK  1  do  hcUeve,  that  00  one  iM 
the  world^  besides  these  witnesses,  ihut  heri^ 
were  produced  ag'amst  me,  can  ever  testify  the 
lenst  disi"e&[*ctifiil  woid  spoken  by  me  of  tb 
late  king,  or  of  his  present  majesty* 

L,  C.  X    Well;  when  will  you  be  ready J| 
gerit!emen  ?  * 

Mr.  Palkxfcn.   My  lord,  we  desire  to  hari 
as  much  time  to  prepare  ourselves  as  we  can. 

£,  C  /.  TVo  or  three  days  time  will  servCbJ 

Att*  Gen.   It  Ls  ^t  we  liliould  kttow  wha 
points  they  intend  to  insist  apon,  that  we  1 
prepare  to  arwwer  them. 

JL.  C.  /,  Yes,  \es,  that  must  be,  but  I  1 
ceive  his  main  objection  is,  what  I  tell ;  let  him^ 
be  brouq-ht  hy  rule  hither,  upon  Thursday,  be«H 
cause  the  »:oun  may  have  time  to  consider  of  | 
what  shnll  be  said  on  both  sides. 

Rati.  My  lord, these  gentlemen  are  Strang 
to  me ;     hut    I   dare    rt^ly    upon  them,  tron 
the  character  I  have  heard  of  them,  that  thej 
will  do  tne  all  the  justice  tliat  they  can. 

L.  C,  X  Well,  they  are  assjfjned  of  couns 
for  you.     But  1  eon  Id  not  forbear  giving  tha|^ 
hint  that  I  did,  ibfil  this  might  bea  warmng  t« 
people,  how  they  transgress  the  law  in  gtnsg 
to  such  meetings. 

Die  Mercurii,  26  Novembris,  1684' 

Bex  rcr,  Rosewell.  ^j 

i.  C*  X  3Ir,  Pollcxfen,  hare  you  any  thio 

to  move  i* 

Mr,  Folleifen.  My  lord,  I  have  one  word  to 
move  for  myself,  and  the  others  that  are  ap> 
poiote(l  to  be  of  counsel  for  Mr.  Rosewell.    W«^J 
rJniik  it  our  duty  to  apply  ourselves  to  youiLj 
lordship  for  this  favour  ;  thai,  to  enable  us  tb* 
belter  to  do  our  duly  for  the  person  for  whom 
we  are  assigned,  your  lordship  and  the  cour<r  j 
would  plea^  to  order  that  we  may  have  a  copy' 
of  the  indictment.     We  do  3cknof%ledge,  that 
It  is  not  an  usual  thing  lo  have  copies  griuiieii 
(thought  there  be  no  express  law  that  we  know  ^ 
against  it)  in  capital  matters,  but   where  any  I 
doubt  does  arise  upon  the  petining  the  indict*  ( 
ment,  and  counsel  \s  assigned  to  enable  them  to 
do  what  is  fitting  for  them  to  do  for  their  clienly'  1 
copies  of  the  indictment  have  been  granted ; 
particularly  in  the  case  of  Fitzharris,  in  order 
to  the  plea  that  he  was  to  put  in  ;  and  I  my^ 
self  was  one  of  tb^  counsel  at  that  time. 

i.  C.  X  Mr-  Ptdlevfen,  I  make  00  doubt  irtH 
the  woihl,  it  is  in  the  jpower  of  the  court  to 
order  a  copy  of  the  mdictmeot,  if  tbey  eeo 


96SJ     STATE  TRIALS,  dA  Charles  II.  \6U.^1Vial  of  Jkmai  Roseweir,     [264 


laid  here,  be  so  positively  affirmeil  to  have  been 
spoken  by  th^  pilsner  and  to  relate  to  the  go- 
vernment, asibey  ought  to  be  in  an  indictment 
of  iiiL^li-lreasnii  f 

Ait.Cen,  That  the  indictment  must  make 
(mt ;  and  the  jury  have  found  him  guilty,  ac- 
cordinar  to  the  indictment. 

X.  C.  J.  But  that  is  his  objection,  they  are 
not  so  in  the  indictment. 

Att,  Gen,  My  lord,  they  are  laid  as  the 
witnesses  swore  thcni :  as  your  lordsJiip  can  • 
not  but  remember. 

X.  C.  /.  That  they  are  not  positively  af- 
firmed, but  only  alleilged  under  an  innuendo  ; 
lliat  is,  he  spokisiifhaud  such  v.ords,  whereby 
be  compared  tlic  king  in  Jcioboaiu,  and  the 
like ;  and  we  had  two  wicked  kings  together, 
but  if  we  would  stand  to  our  principles,  we 
should  overcome  our  enemus,  innuendo  the 
king.  The  allcifging  of  the  words  spoken 
in  the  indictniont  is  positive,  if  there  be  suffi- 
cient matter  in  the  words  to  make  them  ap- 
plicable to  the  government,  so  as  to  make  it 
treason.  Rut  it  you  only  say,  he  spoke  them 
inntirndu  so  and  so,  that  fs  not  positive  enough 
to  make  the  indictment  good.  I  lake  it  the 
«»bjcction  runs  tfiat  \¥ky. 

Rm.  My  loni,  I  humbly  thank  your  loi-d- 
ship  for  explaining  my  meaning  :  if  is  so. 

Jr.  C.J,  In  an  acCum  on  the  c.iSk\  if  yon 
say  the  defc-ndant  ?fpaJco  such  and  such  words, 
if  you  «lo  ot  lay  it  that  he  spile  them  of  the 
jdatnlid';  inv\uuni\  The  nlainlifl*,  in  repent- 
ing thi-  voids  uf.i't  ^o.  S)  hfrc,  if  you  had 
bronchi  it  in  the  ii'ilivtnient,  that  having  dis- 
CfHirse  o,  t'.M  ititv  king  and  this  king,  he  had 
sp'^Un  til.  sf:  wiird.s-,  *  ^Vi-  lia^r  now  had  two 
•wicktd  kif  i;s  ^<*'  you  lh«-n  had  hrou;u;ht  it 
hoint  to  liioi :  hut  Vini  do  not  lay  it  that  it  was 
spoken  of  th:>ni  at  all,  hut  only  in*  the  innuendo; 
vhureas  yoiiouf^^h  tosay.firNl,  That  bespoke 
of  the  late  kirg-  and  Uiii  kin:;  ;  and  then  said, 
We  have  hnd  wo  wickw  kin«,'s-  together,  in- 
vuutdvy  t!ie  J.ito  kifii;,  and  fin's  king. 

Att.  (itu.  M\  lord,  I  do  n(»t  know  how  we 
could  have  dom'it  hiiiiT  than  wc  haw  done. 

L.  C.  J,  l/iok  ye,  we  j'iu-  no  opinion  ;  but 
the ohjfrtion  has  w tight  in  it,  upon  my  word. 
As  i  told  you  before,  in  comuK>n  rasi-s'  an  ac- 
ti  »n  of  tlio  case  for  word*?,  or  tlic  like,  yon 
must  lay  a  communication  eonrc nii.iif  the 
plaunirt',  or  ati  ^n1nfzndo^^l\\  not  1k!  a  sufficient 
a^ennent  oi'  its  licinar  s[ioken  ol'  hiui.  fn  an 
action  of  the  (Tse  for  wonK-,  till  witliiu  tlu*»c 
seven  or  light  jxarji,  they  were  obliged  to  lay 
a  Coilwfvit'.m  M  (ht-  plaintiff,  aufl  of  his  irai!*/; 
and  that  to  defame  him,  were  Npokin  of  him 
at  sneh  a  time  such  word*«,  a-?  tdnt  hv  was  a 
rheaiiug  knave;  whew  th."  v. on]  knaio  would 
hear  an  action,  a  bare  innucwU*  \\  uild  not  do, 
that  \\%v*  ttnt  nsOKs^li.  !?ut,  nou*  1  cimfiNs-, 
since  detlamUons  aft  made  a  little  more  con- 
cise, you  need  mAy  ^-ny  **h!t  {\v  qiiUTente,' 
Kueh  aufl  Mich  words' without  a  Coifotptium, 
but  you  mustavtT  it  t'.*  bi»  spoken  of  the  plain- 
tiff. 1  never  thought  it  good  in  such  a  case, 
to  say  of  a  roerchant,  he  is  a  bankrupt  knave 


(innuendo  the  plaintifT),  unless  be  say  he  wgolae 
of  his  trade  and  merchandise.  So  that  the  ob- 
jection does  seem  to  carry  very  much  veigbt 
in  it. 

SoUcitor  General  (Mr.  Finch).  My  lord,  if 
y(mr  lordship  would  give  me  leave,  I  would 
endeavour  to  ansn-er  the  case  as  your  lordship 
lias  put  it ;  for,  my  lord,  no  doubt  in  aU  com- 
mon actiant^  of  llieca-^o  for  words,  it  must  be 
averretl  that  llie  woi*ds  wei-e  spokeu  de  pemonm 
of  the  plaintifl';  hut  the  fu^  part  of  the  indict- 
ment, m  this  case,  shew  tliat  thf^  words  mint 
be  s|M)ken  of  the  jicrson  of  the  king,  z^A  of  tba 
late  kinijr;  fur  it  siiys,  he  did  conspire  the 
fleath  and  destruttion  of  the  king,  and  to  de- 
fNise  him  from  hi^i  government,  and  to  manifest 
that  traitcrouR,  wicked  iutentioti  of  his ;  Em 
inientione  he  did  speak  these  words  ot  tlie  go- 
vernment, *  We  have  had  two  wicked  ki^ 
( ti^ether,'  meaning  this  king  and  tlie  M 
king. 

£.  C  J.  Kf  you  had  said  so,  that  be  spoktf 
these  words  of  the  king,  you  bad  answeraf 
mv  ol»iection ,  bu  the  coaspiracy  of  ll«!  deitV 
of'  the  king  bi-iug  ojily  a  general  form  for 
treason,  will  not  make  good  an  indictnieiif 
of  high  treason  ;  but  you  must  &hew  aooie 
acts  or  w  ordb  to  evince  and  prove  that  that  itJW 
his  intention ;  that  he  did  either  speak  mh 
and  such  words,  or  did  such  and  such  actinfJ 

is  not  a  good  iudiciment  to  prove  that  faHl 
ron^pLrc»  for  he  spoke  such  and  such  words. 
Lilt  Ihmt  to  carry  on  his  conqiii-acy  he  didspeak 
such  and  such  wordb  of  the  government,  that 
must  bi*  pohitivi  Ij  allcdged. 

Sol.  Gf-fi.    Wc  do  sfl  my  lord ;  for  we  taff^ 

*  et  ail  easdf -m  nelandas  proditiones,'  &c.  *  pe- 
-  rimplendcs,*  he  ^poke&uch  atHl  such  wom^ 
We  have  had  two  wicked  kingn  together,  m- 
iiuendo  tliis  king  and  llie  late 

Ij,  i\  J.  You  ha\e  innuendo^ J  it  too  mutk^ 
T  do  doubt ;  for  all  the  facts  are  laid  oudier  HI 
ianucndiX,  without  a  poskiTcaverfnent. 

Atf.  Gni.  My  lord,  1  think  it  is  as  fully  luif 
'as  il  pissilily  could  be. 

L  C.  J.  Come,  :^lr.  Atloraey,  if  in  casei  «f 
coinnKMi  actions  for  words  there  be  ?fuch  strict* 
ncas  rtipiired  ten  timet^  more  ought  lherc?t« 
he  in  an  niljctment  of  treason,  wUerw  a  man^'f 
life,  and  all,  is  sn  much  Cfjacemed.  f  am  not 
siitiAfud.  ]  assure  you,  that  ibis  indictmtiit  ia 
wHt  laid,  though  1  give  no  opinion  ;  but  in  aH 
JMstic4?  w<'  ought  to  asidgu  him  counsel  to  make 
orU  his  ohjrcti.m. 

An.  Oi .!.  All  tiiis,  my  lord,  is  only  in  debj. 

L.  C.  J.    Mr.  Attorney,  '•  Lie  vita  hominoi 

*  nulla  TNt  cunrt'i  io  loug^'  1  think  we  ou^ 
u>  as>iiiin  liinv  cot  n^t  and  the  rest  of  my  mo* 
ilitTN-  are  of  t'.ial  opinion  too. 

Att  Gfii.  Lot  them  read  rotoncl  Sidiwj^ 
Trial,"  and  the  Indictment  there,  and  tbeyV 
find  it  the  sanu-  thing.  * 

L.  C.  J.  I  cani<olt*.n  whether  there  are  aow' 
such  iut.uendos  th(Te,  1  behove  not;  but  a 
know  not  if  tln^e  wei-e,  if  in  case  it  had  [ 

«  Sec  vol.  9,  p.  817,  of  this  Collectiov. 


8S5]  STATE  TRIALS,  36  Charles  II.  1 684.— /or  High  Treat&n. 

iwfcd  in  arrest  of  judgment,  what  the  court 
vould  haf  e  dooe  then.  But  1  think  wc  ought 
10  assign  him  counsel  to  make  out  his  ob- 
jection. 

Sol  Gem.  The  very  fact  that  makes  this 
tnason,  is  his  stirrinp^  up  sedition  and  rehcllion 
vilhin  the  kingdom ;  and  we  say,  to  effect  it, 
Iwbad  these  expi-essions  in  his  pulpit,  we  have 
Bwbad  two  wicketl  kings  togetlior,  meaning 
tUf  king  and  the  late,  who  have  sufici-ed  Po- 
MT  to  come  under  their  noses ;  but,  if  }'0u 
vii stand  to  your  principles,  meaning  the  [ieu- 
ple,  we  shall  orercoroc  our  enemies,  meaning 
the  king  mntl  government. 

L  C.  /.  Ay,  but  you  do  not  say  that  he 
ipeke  thfse  words  of  the  king :  this  you  shoukl 
Hie  nki  at  first,  because  the  speaking  of  these 
vffds  b  the  very  o%'ert-act ;  and  if  he  did  not 
tfak  them  of  the  kiug,  wliich  you  ought  to 
lAm,  hut  only  by  way  of  innuendoj  that  can- 
MC,  we  think, "be  so  good,  nor  sufficient. 

JiBt.  Wiihins.  I  take  it  t!iat  tliese  are  the 
mm  words  tliat  are  to  maintain  this  indict- 
■m  of  treason ;  and  the  question  is.  wliether 
Iky  ought  not  to  have  Ijcen  averred  that  they 
vnt  BMcen  of  the  two  kings  ? 

L,  Cm  J.  We  do  not  give  any  opinion,  3Ir. 
)r,  but  because  tliere  seems  to  be  some 
doubt  and  weight  in  the  iibjcc- 
taifWc  desire  to  have  it  argued,  uud  therefore 
vMian  him  counsel. 

Xml  I  humbly  thank  your  lordship. 

I.CL  J.  We  do  think  it  fit  to  look  mto  it,  be- 
Anevefiooeed  any  farther  in  a  case  where  a 
■■■?■«»  concrrncd. 

Km.  1  pny  God  to  bless  your  loiilsliip. 
L'C.J.  Na\,  you  ha\e  no  nectl  to  thank 
o» ;  iBridesin^  to  do  justii%  to  all  men. 

Xn.  But  1  desire  to  return  my  hearty  thanks 
ii  mr  lordship,  fur  evphining  and  making 
iV  what  my  unttkilfulntrss  in  the  law  wuuM 
■M  fftnoil  inc  to  do.     Gud  be  your  rewarder 

LC.J.  Well,  nho  would  you  have  to  be 
J»ir  counsel .' 

Rm.  If  \f nil- lordship  pliases,  Mr.  Wcillop, 
Mr.  Pollexten,  and  Mr.  Thomas  ISaniptiolil. 

^  £.  C.  J.  \jcX  iheui  be  assigne<l  of  counsel  for 
Mm.     Rut.  Mr.  ftoscwell,  1  think  it  is  nnt  im- 
(ra|i»T  fur  ine,  u|ion  this  occasion,  to  take  no- 
i«  ef  this  that  is  in  my  mind,  relating  to  yo!ir  \ 
lAir,  because  I  uiiserve  it  is  a  matter  Of  great  j 
ilfi«.Ution,  aud  so  uus  at  your  trial,  and  here  i 
»» great  crowd  f:f  people  now;  that  as  this 
itei  ts  found,  if  the  indictment  falls  out  to  be  a 
fMd  iisdit  tmcat,  which  is  the  question  that 
wtm  dt.*fH'n<i>  before  the  court,  so  that  you 
OHM  to  bavf-  iud(rmcnt  of  high- treason  fMissefl 
■1^  you,  and  to  suffer  according  to  that  judg- 
■m.  what  uill  become  of  these  400  people 

%m  we.t  your  auditors  at  the  time  that  these 

Mf^B,  that  are  thus  found  and  adjudi^ed  to  be 

hHWv,  were  <;poken  ?  And  I  speak  it  for  the 

rib  of  all  conventiclers,  and  frcqiient(*rs  of 

~  'l  Bwmigs,  as  these  are.  If  you,  that  are 
«.  and  teachers,  the  mouths  of  such 
Df,  do  utler  treason,  and  so  they 


[S66 

conceal  that  treason,  what  a  condition  are  they 
in?  What  are  they  guilty  of ?  Therefore,  if 
people  will  con>i(lpr,  they  would  do  well  to 
think,  that  when  they  go  to  sucli  places,  they 
go  at  a  great  peril ;  being  to  answer  for  them- 
selves, their  lives  and  estates,  upon  the  pru- 
dence of  the  expressions,  to  say  no  more,  that 
come  from  the  teachers.  I  only  put  you  in 
mind  of  this,  because  I  would  have  all  standers- 
hy,  an<l  the  auditor}',  which  I  see  is  very  great, 
ill  mind,  what  danger  and  risk  they  run  in  thus 
oflendingthe  law. 

Rtn.  ^ly  lord,  I  do  believe,  that  no  one  in 
the  world,  besides  these  witnesses,  that  here 
were  produced  against  mc,  can  ever  testify  the 
least  disrcs[)ectful  word  spoken  by  me  oV  the 
late  king,  or  of  his  present  m«ijesty. 

L.  C.  /.  Well;  when  will  you  be  ready, 
gentlemen  ? 

Mr.  Poticrfen.  My  lord,  we  desire  to  hare 
as  much  time  to  prepare  ourselves  as  we  can. 

L.  C.  J.  Two  or  three  days  titne  will  serve. 

Alt.  Gen.  It  is  fit  we  sliould  know  what 
points  they  intend  to  insist  upon,  that  we  may 
prepare  to  answer  them. 

L.  C.  J.  Yes,  yes,  that  must  be,  but  I  per- 
ceive his  main  objection  is,  what  I  tell;  let  him 
be  brouufht  by  rule  hither,  upon  Thursday,  be- 
cause the  court  may  have  time  to  consider  of 
what  shall  be  said  on  both  sides. 

Ras.  3Ty  loni, these  gcntlcnu-Ti  are  strangers 
to  me :  hut  I  dar^  i\Iv  upon  them,  from 
the  character  I  have  heard  of  them,  that  they 
will  do  me  all  the  justice  that  they  can. 

L.  C.  J.  Well,  they  arc  assi^^ned  of  counsel 
for  you.  Hut  I  could  not  forbc»ar  giving  that 
hint  that  I  diil,  that  this  might  lie  a  warning  t(v 
people,  how  they  transgress  the  law  in  going 
to  such  meetings. 

Die  Mercuiii,  26  Novembris,  1681 

KeX  VCr.  ROSEWEI-L. 

L.  C.  J.  3Ir.  Pollrxfen,  have  you  any  thing 
to  move :' 

>ir.  Fof!f\fcn.  My  lonl,  T  have  one  word  to 
rnovi*  for  niyseir,  and  the  others  that  are  aji- 
••oiiUe-.l  to  ho  of  counsel  for  Mr.  Rosewell.  We 
think  it  onr  duty  to  apply  ourselves  to  your 
io.d.ship  for  this  favour  ;  that,  to  enable  its  the 
i'tttcr  to  do  our  duty  for  the  person  for  whom 
\\c  arc  assigned,  your  lordship  and  the  court 
would  p'easc  to  order  thnt  wc  may  have  a  copy 
of  thr  indicUucnl.  He  do  acknowledge,  that 
it  is  not  an  usual  thin<>-  to  have  copies  granted 
(thought  there  he  iu»  c.xpnss  law  that  we  know 
at^ainst  it)  in  capital  matters,  but  \Uiere  any 
iloubt  does  aiisn  upon  the  penning  the  indict- 
ment, and  counsel  is  assigned  to  enable  them  to 
do  what  is  fitting  for  them  to  do  for  their  client, 
copies  of  the  uidictment  haie  hfcn  granted ;  as 
particularly  in  the  ca>e  of  ritzliarris,  in  onlcr 
to  the  plea  that  he  was  lu  put  in  ;  and  1  my- 
self was  one  of  the  counsel  at  that  time. 

X.  C.  J.  IMr.  l*olle\fen,  1  make  no  doubt  in 
the  world,  it  is  in  the  power  of  the  court  tr* 
order  a  copy  of  the  indictment,  if  they  se€? 


£67j     STATE  TRIALS,  36  Cuaelbs  II.  i6%4^^Tiialof  Tkmim  fUmweli,     [968 

ttaiue ;  but.  if  }'0U  remember  (for  you  were  of 
oouDsd  in  tlwt  cause  too),  it  is  not  to  be  pnoted, 
because  it  is  asked.  For  my  lord  Russell  had 
no  copy  of  the  indictroentp  though  lie  insisted 
rery  much  upon  it:  And  it  was  m  the  case  of 
FitKharris  granted,  that  he  might  particularly 
apply  his  plea  (if  he  had  a  mind  to  it)  to  the 
inuictment  ittM'If. 

Mr.  PoUexfcn.  My  lord,  I  do  not  desire  a 
ropy  of  all  tlie  whole  indictment ;  but  of  so 
much  thereof,  as  may  be  enough  tor  us  to 
know  the  foundation  upon  which  we  are  to  go. 
1  do  remember  wc  were  called  in,  in  my  lord 
RusselFs  case,  upon  the  point  of  challeng^e,  for 
want  of  frecholuers ;  but  that  was  not  in  the 
point  of  the  indictment,  and  there  I  cannot  see 
what  we  had  to  do  with  the  indictment ;  but 
here  we  must  understand  bow  it  is  laid  really 
in  the  indictment,  that  wc  may  apply  our  ar- 
guments to  the  case ;  and  that  1  bene? c  was 
never  denied. 

L,  C.  J.  Look  yc,  if  you  speak  to  me  pri- 
vately, as  to  my  own  particular  opinion,  it  is 
hard  for  me  to  say,  that  there  is  any  express 
resolution  of  the  law  ui  the  matter;  but  the 
practice  has  been  always  to  deny  a  copy  of  the 
indictment.  And,  therefore,  if  you  ask  me  as 
a  judge,  to  have  a  copy  of  the  indictment  deli- 
vered to  you  in  a  case  of  high -treason,  1  must 
answer  you,  Shew  me  any  precedents  where  it 
was  done :  For,  there  are  abundance  of  cases  in 
the  law,  which  seem  hanl  in  themselves ;  but 
the  law  is  so,  because  the  practice  has  been  so, 
and  we  cannot  alter  the  practice  of  the  law 
without  an  act  of  parliament.  I  think  it  is  a 
hard  case,  that  a  roan  should  have  oonnsel  to 
defend  himself  for  a  two-penny -trespass,  and 
his  witnesses  examined  upon  oath ;  but  if  he 
steal,  commit  murder  or  fblony,  nay,  high-txca- 

son,  where  liie,  estate,  honour,  and  all  are  con- 

ccrneil,  he  shall  neither  have  counsel,  nor  his 

witnesses  examined  upon  oath :  But  yet  you 

know  as  well  as  I,  that  the  practice  of  the  law 

is  so ;  and  the  pnietice  is  the  law. 

Mr.  PolUxt'en.  My  loixl,  we  heard  the  other 

day  the  indictment*  read,  and  so  may  have 

some  little  account  of  the  indictment ;  hut  we 

desir<>  such  a  copy  as  may  enahic  us  to  ar^^ue 

aswRoujrhtto  do,  and  as  the  C4)urt  will  e\|H.'Ct 

from  us,  U'liig  as>i{^niMl  by  the  court. 

Mr.  Wallop,    My  lord,*  if  we  Khould  offer 

any  thiiig  tliut  is  iii>t  in  the  indictment,  it  is  all 

one  as  ii'  we  heltl  (uir  rui)<i|riies  ;  and  if  we  have 

only  a  lo<*.se  account  ui'  the  indictment,   that 

may  be  as  bad  as  if  we  had  a  false  one  :  and 

therefore  wc  desire,  to  the  end  that  we  argue 

ad  idem,  that  your  lurdship  witli  please  to  fa\our 

us,  that  wc  may  have  a  copy  of  so  much  oi' 

liie  indictment,  as  upon  which  our  objections 

may  be  grounded. 

L.  C.  J.  Mr.  Pollexfen,  you  may  remember 

a  particular  case,  I  have  forgot  tiic  name,  but  I 

belief  e  you  may  remember  it ;  where  a  prisoner 

at  this  bar  desired  to.  hare  the  indictment  de- 

Lvensd  to  him  to  read,  hut  it  was  denied  him. 

It  is  hard,  I  confess,  and  so  are  many  other 

thipgv  in  the  law  j  but  1  am  wonderfully 


tender  of  making  precedents:  tad  thereforp,  ii' 
it  has  not  been  practised,  I  do  not  see  how  we 
can  dp  it. 

Just.  Withins,  That  is  the  usual  practice, 
my  lord ;  but  it  is  m  the  power  of  the  court 
sure  to  grant  a  copy ;  or,  at  least,  of  so  much 
as  is  necessary  tor  them  to  apply  themieivfi 
to.  There  have  been  many  cases  of  rourdcni 
where  they  have  had  copies  of  the  indictment 
in  order  to  move  in  arrest  of  judgment,  at  this 
case  is. 

Just.  WaUoi.  But  have  there  been  aDjio 
high  treason  i* 

Just.  Withins.  1  do  not  take  it  that  then  p 
any  difference  between  the  one  case  aod  tb 
other,  they  bein^  both  capital  crimes;  aiii 
counsel  being  assigned,  they  must  know  wlMt 
they  are  to  speak  to. 

t.  C.  J.  1  would  know  when  ever  a  com 
was  granted  to  enable  the  (wrty  to  more  iQ 
arrest  of  judgment. 

Just.  Withins,  My  lord,  when  there  if  A 
motion  in  arrest  of  judgment,  and  counsd  pi- 
signcil,  that  is  a  thing  the^  ou^t  to  bMNfi 
how  to  demean  them^vesm  their  ai^gunoMpilk 

3Ir.  PoUexfen.  My  lord,  we  sumnit  ft  # 
you.  We  desire  the  favour  that  we  may  Ac- 
quit ourselves  as  we  ought  to  do,  ami  ap  thi 
court  (we  know)  expects  from  us. 

JL.  C.  J.  As  iar  forth  as  I  could  do,  hmg  in 
the  case  of  life,  1  would  indulge  you  :  m  I 
tell  you,  I  am  lotli  to  be  the  author  of  praee- 
dents  in  cases  of  this  nature,  one  way  or  odi^ ; 
especially  in  this  case,  where  I  know  VM 
cannot  but  understand,  by  what  was  firnf 
here  the  other  day,  what  tiie  objectioii  is,  tad 
where  the  stress  of  it  lies:  every  mao  aldw 
bar  must  needs  understand  it. 

Mr.  TolUrfcn.  My  lord,  we  know  peflpio 
have  various  understandings ;  and  the  caie  ii 
many  times  variously  stated,  not  only  in  ow 
minds,  but  in  our  books. 

X.  C.  /.  Well,  we  know  you  nndentanl 
yourselves  well  enough :  and  what  w«  oouii 
grant,  we  would. 

Just.  Withim.  It  may  be  Mr.  PollesAtf 
does  it  only  to  make  way  for  an  excuse,  wk« 
he  comes  to  argue,  that  he  is  not  so  well  pv^ 
narcd  as  he  should  have  been  ;  but  we  knsjf 
liim  well  enough. 

3lr.  Pollcjrftn,  But,  my  lord,  if  we  miiBlkp 
words  of  tiic  iudictinent,we  hope  your  lordplap 
will  not  tliink  us  im(icrtinciit,  in  having  uadk 
this  motion,  which  is  lor  ourselves,  not  for  oiv 
client :  and  therefore,  wc  hope  \ou  will  pardai 
us,  if  in  ease  we  mistake ;  which  we  ooali 
have  had  no  colour  to  have  desired,  if  what  mf 
had  to  sav,  wore  guided  by  a  true  oopysf 
the  reconf. 

No  co[)y  was  granted,  nor  rule  made.  * 

*  h\  Stat.  7  Ann.  c.  SI,  s.  11,  it  was  c»» 
acted.  That  alter  the  decease  of  the  person  wipf 
pretended  to  be  Prince  of  Wales  durmg  the  flk 
of  thehte  king  James,  and  since  pretends  i| 
be  kmg  of  Great  Britain,  and  at  the  end  oTAi 
term  of  three  years  after  the  in 


IJ  STATE  TRiAtS,  36  Charles  \h  1684.— >r  High  TreMsm. 


[270 


DoiitMts  Rrst  vtr.  Rosewell. 

KibvMr  ni>^i  tvrll  was  liff)a«rht  totbe 
I  cotitisel  assigned 

AUop.  Msky  It  please  vo«r  lordship^  I 

n*e\  for  Mr.  Roiiewelh  by  yoor  lord- 

{ippfHiiUtieiil,  be  being  here  a  prtsoner 

II  ihc  demise  of  her 
ir«*ct,  aslhesaineis 
i  gUiMi>>  ittiiLtca,  xc  A^hcQ  any  person  is 
iodktiFd  for  hi^li  trtusvMi  or  misprbioo  of 
UWOii,   a  liii  iA'xha  ^Uoesses  that  shall  be 

aeoid  on  the  trial  for  proviDtJp  the  said  in- 
■ml,  and  of  the  jury,  Qietuioning'  tb« 
DiaMm,  profanton  and  [» I  ace  of  abode  of  the 
Hilirftiiefii^  >uid  luioi^,  be  also  ^iven  at  the 
i%\i  >y  of  the  iudictment  is 

I  Ik:    r  nidicted,  aod  that  copies 

^ictitietiiA  i\}v  the  offeuces  aforesaid, 
I  llMl,  shall  be  delivered  to  the  party 
I  ten  days  before  the  trials  and  in  pre  ■ 
I  of  two  Of  more  crtdible  witnesses,  any 
iitrary  notwithstoiidinpf. 
t.  7  Ann.  c*  21,  extended 
"■IBpri^iiegc^  i^nich  had  be«n  g^ranted  by 
ML  7  W.  3,  «.  3,  and  was  first  a^^ted  upon 
Gordon's  Case,  a.d.   i7Bt»  io 


pomnioti'luw  no  prisoner  in  e&pilat 
ft^%  iniitlt'd  to  a  eopy  of  the  indictment 
B\  V  of  the  proceed  in  ens  against 

|1  »t>6«  it  is  true,  hiive  upon  their 

tet!  on  a  copy  of  the  whole 
rtMi  \  Itmh  been  ct>ii«tantly  denied , 

'  It  «1»  4ktii«!4l  iu  Ihe  case  of  lord  PtPston  and 
(be  fivo  other  i^entlcnien  indicted  with  him,  by 
^"^    ^  littiouB  opinion  of  the  judi;es  present, 
'ared  tliat  it  never  hail  b«^n  jtrratitetl, 
\  ttm^tnt\y  demanded.     And  Itn^l  Pres- 
•aid  that  it  was  grtinted  to  lord 
,1.  f.^A  i.v„  iu„t  heaod«*)me  others 
if  lb*  I  .  ere  of  counsel  for 

tl||tlo(l^  .—  .>'L  «.,...  i.iiu  to  denmud  it; 
'  FoA,  sailh  he,  we  knew  he  could  not  have  it 
*hy  law.'  Lord  Predion*  not  ^mtisfied  with 
flui  iii«wer|  prayed  that  coun^l  mi^^ht  he  as> 
hitit  to  arjnir  tlmt  point;  which  the 
aitimoiislv  -i  bebg",  iheynid^  > 

i  Ihat  woi  I  i  i  a  debate/ 

p«tatute  of  4(3  K.  I>,  which  had  been 
imtlfj  insSated  upon  by  prisoners  in  the  like 
tm^  was  mxnth  pressed  m  this.  It  is  not  in 
{te  inKmi?  th«<  Httlutes,  but  an  attested  copy 
ftn  fhe  roll  woM  tetkA  at  the  nrisoner's  remieal, 
Ihl  if  firinted  in  the  triaK  it  plainly  reialeth 
in  such  records  in  whi^V  '''^^  -nhject  may  be 
intiltted,  as  ^  truittv't  -  '^  upon  tmes- 

* fiao»  of  pf irate nghi:'  .../.  ..    .i^ctetli,  *ThBl 
'  dl  ytnam  shall  for  the  future  have  free  ac- 

*  Qte  to  fliem,  and  mav  huve  exempUficationa 

*  •f  tliicm  w  hethf  ■ '  c  for  or  aeai nst  the 
*teBj.'    Tbit  Hn              -lion  of  the  whole 


now  at  ihe  bar.  jMy  lord,  I  am  informed  (for 
1  have  not  seen  the  proceedings  itor  heard'! 
the  indictoient  read),  that  it  is  an  indidmeiil?] 
fbr  treaBOnable  worda ;  and  many  treason 
words  ;  and  likewise,  as  1  take  it  by  iaforma* 
tion,  these  words  are  aopfiad  by  divers  innu»L 
t^fiiioi  ;  9o  that,  for  augrht  I  can  apprehend  bjrtl 
what  1  am  informed  (which  I  must  still  keen! 
to)  it  is  so  uncertain  I  insensible,  involved^  and  ] 
intricatei  tliat  no  safe  judjrment,  as  I  humbl j  J 
coDceife«  canlt  'U  it,  € 

My  lord ,  to  c  I '  -  iMvords ;  first,  if  ynuii 

please^  I  shall  Ftaie  lucm  as  disciiarged  ofthe  , 
innuendos^  and  put  them  to  your  lordship  / 
barely  and  nakedlyi  as  ihey  are'in  the  indict*  i 
mcnt^  and  as  they  were  sworn,  and  are  to  boil 
aup^MVsed  by  the  conviction  to  have  been  spoken*  | 
The  words  are  these,  as  they  stand  dlseuargtil'l 
of  their  inuuen^ojr :  that  ^  the  people  make  ft^ 

*  fiocking"  to  tlie  king",  onder  the  pretence  €M 
*-  httalin^  the  kiog^'s  evil,  which  he  could  naft^\ 
^  do  ;  but  we  are  they  to  whom  they  oug*!!!  1 

*  flock,  because  we  are  priests  and  propi 
'  that  by  our  prayers  can  heal  the  dolors 
*■  g^riefsof  the  peuple.     We  have  had  now 
Mnckod   kings  together,    who  bave  sufiere^l 

*  Popery  to  enter  under  their  noses  ;  who  cmtl 
»  be  H'         >  >     no  Qiher  person  bat  the 

*  wir'  I  inm  :  and  if  they  would  i 

*  to  tlni.    t"'^"  'I'lt'Sj  be  did  not*feur  but  tltejrl 

*  should  overcome  their  enemies,  as  in  former  f 

*  limes,  with  ituns-horus,  broken  platters,  an 
'  a  stone  in  A8ling.^ 

These,  my  k»rd,  are  the  words  nakedly  ia  j 
themi»elves  ;  and  tliese  are  said  to  be  spoken  ia^ 
a  public  assembly,  where  (hey  were  likely  f»l 
do  hurt  to  the  government,  Thua,  I  say,  they i 
stand  without  nnv  of  the  innutndos,  Now,^ 
though  your  toi'jship  will  have,  and  justly  i 
ought  to  have,  a  good  account  given  you  of^ 

**  In  the  caae  of  Chamock,  King,  and  Keys,^ 
whose  trial*  came  on  after  the  passing  this  act^ 
and  about  a  fortnight  l^i'ure  it  took  pla<v,  they  { 
were  denied  a  copy  of  their  indictment  |  - 
though  they  argiietl  with  a  sjTeot  deal  of  pla 
sibility,  that  they  were  within  Ihe  reason 
e^juitv  of  the  act  at  that  time,  an  much  asl 
would  have  been  if  their  trials  had  been  I 
on  a  tbrtnight  later. 

'Mn  these  cases,  and  tn  the  case  of  tlie  as«  * 
saaaines,  whose  trials  come  on  lieforc  the  com* 
roenceftient  of  the  act,  the  prtsoners,  as  soon 
as  they  had  pleaded,  liail  copies  of  the  ^ 
delivered  to  uiem ;  and  their  trials  were'  [ 
poned,  that  they  mi^rht  be  better  enabled  to 
conduct  themselves  with  regsni  to  their  chal* 
teages.      But  this  the  court  declared  to  be 
■Mtier  of  favour,  and  not  of  right:  and  coun 
and  solicitors  were  permitted  to  attend  themim  ( 
prison  previous  to  their  trials.     This  likewist.^ 
was  an  indulgence,  w^hiehtbey  could  uotckim  < 
of  strict  right,  and  which  in  bad  tiuios  hatli  i 
been  genendly  denieil,'*    Fost.  Cr,  Law»  i»£8,  ^ 
«99.  [ 

tl^,  ttio,  pp«  1 , 3, 930  of  the  eMIt  bvok,  Mi  J 
East's  PL  Cr.  oh.  «.  a.  48^^!.  d^ 


ri]     STATE  TRIALS.  36  Ctt ARtES  II  l6S4^^Trial  of  7Uma$  Rcatutif.      [S 


I  vvortU  m  these,  how   lUey  canie  to  he 
n,  even  uking-  tbem   as  ttiey  stuml  tlis* 
linrgiHl  of  ihe  vmuendot;  yet  1  buniUly  con- 
Pivet  vriili  subtntssion^  th«^  tlo   not  contaiti 
ny  iaieftiion   of  (lepcK»tDg^  or'  ^  the 

insff  aiu)  so  can  bateiui  trc^si>>  mIiou 

|ti  tucin  :  ami  then  \yur  lordship*  i  >-in>|)«&c, 
FiH  likewise  exjK'Ctto  l»a%'e  a  gfO<id  at'tHnint  of 
tliese  wori|}j,  in  another  respect^  how  ^oids^ 
which  la  the  hearing  of  ihera  bare!y  ami 
ily  sjiokeiYi  could  nol  carn^  a  irpuMkrinhle 
loti  ;  I  say,  how  it  cou\e%  to  pnss  ihai  in 
irititiK'  ot**  them  down  in  ati  itidictraent, 
bey  bctfiiiic  high- treason. 
My  l*jr  l\    tliest'   wui<N.  us  llirv   stand  dis- 

,  extmva- 
1  It  r  towards 

»tiren^y.  ihuu  treason,  N»  that  a*  ihcy  stand 
f^itboul  further  e,\[»laiialioti  by  au  tnmtet/fin^ 
lii^y  are  fierfectly  iiiseniiible^  and  one  cannot 
tl\  M  bat  they  refer  to,  or  whom  ;  and  if  th^ 
Ofdx,  Ej  vi  lermini^  wilbout  further  avcr- 
uetit,  cHjutain  no  treasonable  intention  and 
fti  '  1  I  ntly  have  no  treason  ; 

and  bard  to   main- 
,  ^ji'i  xj,  I  in-  ,ioiiijMy  in  nhichlhey 
irere  spoken,  bein^'  m»t  into  l^tin  in  an  indici- 
«iit,  they  liihoiiUl  OL^otne  tjf''»^riu     ili.  y  not 
Nig  trt'&kon  at  Hotbcrbith»  yy '  \vei^ 

olcen:  bow  t bey  sboubt  bi>  tr  «im  at 

lingatoni  or  bere,  where  thk-y  aie  dressied  n[» 
a  anotlier  form*  Indeed,  t  know  no  way  that 
I  can  be  doB<».  but  by  abiding:  some  other  worris, 
some  other  bamT  And,  my  bird,  I  snjnK*»*c 
_  was  ko  done  by  lho!»e  who  framed  this  in- 
ij<.ifnei!t  that  is  Before  your  lordship*  by  iu- 
ting"  and  adding  tbts  uiuttitndc  of  ittnvendM. 
But  I  Bup(io«e,  Uien,  they  that  would  insert 
I  trtnucndoi  must  bate  a  ^ood  warrant  to 
I  til  era:  iov  if  lliey  are  mserte«l  wiiboui 
nnt  m  law,  then  it  must  be  acknow  ledgfed 
uie  ))i;tt  the  indict  metit  is  not  |food  ;  ami  f 
llitmblv  conceire  it  tu  be  a  rule  in  law^  tbattto 
nnuetttio  can  wammtably  be  inserted  in  an 
Indictmatit,  intbrmation^  or  deckration,  u\n>u 
action  of  the  case  for  words,  unless  the 
leleiidaiit  fn^  him^ielf  be  averred,  and  that 
ectty,  to  bave  mentioned  a  pertiornn  certain, 
I  wboiti  those  wonls  may  be  rvterred ;  aad  it 
i  uoi  slide  in  by  supposition,  but  it  must 
'  in  tbe  body  of  the  Uiiicour!ye  of  the  dc 
ndant.  And  tbe  rttason  i^  evident  in  all  eases 
r  slander*  anil  particularly  in  these  of  tria- 
ble uordti ;  for  how  could  Uie  hcnrer  under- 
I  whofn  the  preacher  meant*  or  be  tiiat 
neonrsed  so  and  so,  and  so  be  itiHuenced  to 
ebellion*  uuleaa  he  had  nametl  the  perAon  of 
I  be  spoke,  as  here,  unless  the  fletendant 
■med  tbe  kinqf*  to  wbotn  tbe  wordii  lie 
b  should  be  referred? 
My  lord,  tbe  treason  of  the  words  is  in 
It trring  up  sedition  and  rebel li on  ;  and  if  then 
the  words  cannot  tenuinate  upon  tlie  king, 
and  tlie  hearers  roul*!  not  collect  that  to  be  tbe 
intention  of  the  flneakcr*  these  wordi»  couiil  not 
Inilueficf  a  people  to  rebeUiou  und  seiiition. 
And  acGordipg  to  Ibis  rule,  I  conceive  tliat  most 


of  the  ififiucndm   in  this  iQcbctuictil  ue  ] 
warrantable. 

For,  my  lord*  as  to  ihe  first  w^ 
Ibem  in  order,  tboui^h  I  take  ir,  ttr 
moat  reuiote  mutter  from  thi 
yet  lot  us  strike  otf  \hv^^  in- 
ahm^*  if  we  can,     T 
iSic,  Ibe  piK>p!c(ni' 
lord  the  !  ' 

cure  tbr 

Here  Iht  in^,    ,,f: 
in  J?  the  suhj«*cts  of  ( 
hud  never  1 
but  tbe 
tbe  Moril  :, 
my  lonl,  i»  als 
cndo  ;  and  ii 


rh,  with 
1  of  a  naughtji 
warnnt  of 


etidcaTourmg  to  give  an  orig-inal  certainty 
umfrtaio  words  ;  which  is  more  than  ibe  oS 
ot^  an  innucrtth  will  allow  or  warrant.     I  i 
my  lord,  it  always  heara  a  bad  face,  irb 
woi"  lear  with  ani/tnii(/)</o  ;  and  f 

no  vnn  in  the  brcifuunfif  ^^f 

but  ■  ' 

to  I 

Orih.'.    i'.'i    i>  iiji.il   li  unniii-iw  in-  ll^rM  in  tii 

Populus  iiuiy  intend  any  people,  it  may  tat 
the  Fiench  i>e*"il*^  *^"' VJng  to  the  Fr 
(and  he  does  I  i^'s  evil  in  Ih 

nmnner  :  na>,  i  to  it*  as  a  sole 

him*  \ns  predecessors^  and  successpra  ] 
only  put  that  for  an  instance)  j  and 
innutndott  if  you  observe  tbem,  anc  «(f  ' 
nature,  Tbe  words  first  appear  without . 
light  but  what  these  ^upiKwitions  givf 
and  therefore,  I  say,  they  ai  c  to  be  raj^ 

Fiut  now,  my  lord,  1  come  to  thai  \ 
more  paiitcular*  ^  Nos  babuimua  nu 
*int:        '•  imul;'    *  We  (me 

suli  -)  •  hare  had  two  i 

kiuj^.  V  ^  Cbarlfcitbe  Fir 

tbia  kiau  TSow  that  we  say  is  s 

If  ether  V I  jewas  no  i^n^MiSm^ 

feingfs,  TV  or  i^oci 

bad,  befnj  ■scours*:,  f 

in^  to  the  olli  ce  o  t  a  n   j 
are  lo  be  appliad.    My  hi  i 

foL  U*  B.  liaitbis  case. 

John  Jeames  brings  his  action  against  A5c 
under    Uutlech*   tor   speaking   iU* 
words  concerning  bim  to  oneJoL 
*^  Uau|;  limi    (pr&edictum  J<k 
innuendo)  he  is  full   of  the  ; 
the  French  pocks)  I  marvel  ^ 
dictum  Johunncm  IlAnner  in}i  \% 

drink  with  him  (prv*-'"  "  m.  i. 
inniHtido)  1  will  pi' 
pocks  {innuendo  the   :  ,    .    i  ,      . 
motion  in  an  e^t  of  judgment^  it  was   ref»p|« 
by  tJie  court,  that  jn  every  action  of  thu 
for  sbmder,  two  tbingh  are  re^juisite.     Piij 
that  llie  {lenson  vvbo  is  scandalised  be 
S!iecondly*  That  the  wortls  spoken  be  app 
slduder.     Tbe  ufilce  of  an  tnnueuJo  ts  to- 
sig^o  the  same  person  that  has  lieen  nan 
fore  :    And  is  iii  eflect,   instead  of 
But  it  camiot  make  the  person  certatti^ 
4 


its] 


I  before.  In  the  present  case,  it 
m  enient  that  the  pluntiflf  did  speak  tbe 
earliof  the  defendant.  But  at  to  the  secood 
iaf,  it  did  DOC  appear  that  the  words  spoken 
ii  mean  the  French  poeks ;  and  words  are  to 
heti^Hi  in  muiiori 


•Mich.  41.  &  49  It!gin«  £yz.  en  bank  le 
Rtv,  entre  John  Jeames  pi.  &  Alex.  Rut- 

Le  jininiitRi  ooniit  que  le  defendant,  ct  un 


STATE  TRIALS,  36  Charles  II.  i684^^  High  Treaaw.  [274 

And  I  humUy  conceive  this  book  is  a  most 
pregnant  authority,  that  states  the  matter 
truly,  with  a  judgment  of  law,  and  the  reason 
of  it;  and  all  the  books  that  come  after  this, 
borrow  their  light  from  what  is  laid  down  as 
the  rule  of  law  is  in  this  case ;  as  there  are  an 
infinite  number  of  them,  which  I  shall  not 
trouble  your  lordship  with  particnhuising ; 
only  just  to  name  some  of  them.  6  Co.  SO 
Hob.  45.  and  2  Cro.  136.  wherein  they  say, 
that  althoueb  the  plointifl'be  particularly  named 
by  a  special  name;  yet  if  the  declaration  ooaoea 
to  name  him  in  an  action  of  the  case  for  wordSf 
at  the  first  appearance  with  an  tnntiejic/o,  then 
tlwt  innuendo  is  void ;  thougii  his  name  be  ex- 
pressl)r  alledged  in  the  very  words,  yet  they 
will  reject  that  innuendoy?^  not  doing  the  pro- 
per office  of  an  innuendo  ;  and  that  judgment 
shall  be  arrested,  though  the  jury  found  that 
the  puty  spoke  such  words ;  And  this  is  upon 
the  rule  in  4  Co.  before- mentioned. 

Now,  mv  lord,  to  Apply  this  rule  in  the  4th 
report,  to  the  case  before  your  lordship,  we  say 
there  was  no  mention  at  all  before  ot  any  two 
kings ;  nay,  not  of  any  king,  in  his  discourse, 
to  which  the  innuendo  should  refer ;  and  the 
innuendo  being  joined  to  tlie  wonis  first  spoken, 
without  any  discourse  laid  concerning  such  a 
person,  or  averment  to  be  spoken  of  such  au 
one  before,  the  innuendo  cannot  give  any  cer* 
tainty  to  that,  which  had  no  such  original  cer- 
tainty ;  that  bein^  against  the  otfice  of  an  t/i- 
nucndOf  and  so  is  to  he  ivjcctcd.  And  the 
meaniDg  of  the  books,  aud  of  that  great  rule, 
which  1  first  cited,  is  this,  that  the  defendant 
must  himself,  in  his  discourse,  first  set  up  such 
a  light  about  tlie  words  of  the  person  concern- 
ing whom  they  are  spoken,  that  the  intention 
of  the  speaker  may  with  case  be  collected; 
then  comes  the  innuendo  with  a  beck  or  a  nod^ 
as  it  wei-e ;  and  that  coUecrtion  is  to  be  the  nulus, 
to  shew  who  was  meant ;  but  it  is  not  sufficient 
to  give  an  original  certainty,  where  such  a  oer* 
tainty  is  not  fixed  before  the  innuendo  comes. 
The  defendant  himKelf  must  set  up  such  a 
light  as  will  carry  the  intention  to  the  end  of 
the  discoui-se. 

Then  it  is  said.  Duos  iniquos  Rega,  in  the 
])liiral  number  ;  meaning  the  lute  king  Charles 
and  lii*$  present  majesty ;  now  king  Cnarlea  the 
first  WBi^i  never  pretended  to  be  mentioned  be- 
fore ;  why  then,  according  to  that  rule,  as  to 
liiiu  the  in/iutnJo  signifies  nothing  at  all ;  and 
then  it  must  be  taken  in  eoumiun  undcrstanil- 
ing,  *  We  have  now  liatl  two  w  iekeil  kingys  to- 
ifi'tber,'  innuendo^  <»ur  s(»vereiijn  loid  the  king 
that  now  is,  agiiinst  whom  the  trc  :im>!i  must  he 
sail!  to  be  connnitttrd  :  btit  tliis  i*;  mmv  harsh, 
and  inst-nsible,  autl  iiii)H>ssihle ;  ii  is  irjish,  in 


vw.  wiMHK^  *Z*°^  eonierenoe  de  le  plaintiffe , 
U  drfwdinl  .dii.  plaintifie  al  dit  John  Bonner 
*  huig  him*  (pnadictum  Johan- 
iDDnendo) '  he  is  full  of  the  pocks' 
the  French  pocks)  *  I  manraile  that 
i^mf  (pnedictum  Johannem  Bonner  innuendo) 
■i0ea&'  [Bl  *  or  drink  with  him'  (praedictum 
MMneni  Jleenaes  innueodo),  I  will  prove 
to  he  ii  full  of  the  pocks  (innuendo  the 
fflMKhpodss).  Le  defendant  plead  non  cul- 
|tfr,  ct  fait  troTe.pur  le  plaintifie,  et damages 
■Hw:  Et  luit  move  en  arrest  de  judgment 

eki  ditB  perob  oe  fueronc  actionable.  Kt 
lHBlfe<|iieenGhescun  action  sur  le  case 
ClMdcnma  perob,  deux  choees  sontreqni- 
1.  One  le  penon  qui  est  scandalize  soit 
Mmu  t.  Que  le  scandal  soit  apparent  per 
In  fili  mennes.  Et  pur  oeo  si  un  dit 
D  precedent  communication,  que 
eiits  de  J.  S.  (il  ayant  divers)  est 
Fekm  on  IVaitor,  &e.  icy  pur  le 
nnul  action  ^t;  et  un 
■e  poit  iaire  ceo  certain :  Issuit  si 
iment :  >  1  know  one  near  about 
e  nolorions  thief,'  ou  tiels  sem- 
i  qoent  le  person  est  un  soit  nosme 
.  come  si  d^x  parlant  ensemble  dc 
JlClWdit.  «  He  is  a  notorious  thief:'  La 
JlftiB  wm  ooant  poit  monstre  que  la  fuit  par- 
Jmi  ie  ley  entre  les  deux,  etque  ]*un  lUt  de 
*iy:  *  He*  (innuendo  pratedictum  1.  8.)  '  is  a 
^MainB  thief.*  Car  le  office  de  un  innuendo, 
ete^eHteincr  et  designer  mesme  le  person 

S'bI  Boame  en  certain  devant :  et  en  effect 
eafieu  de  un  (pnedict')  mes  un  (innuendo) 
SipiiCftire  person  certain  que  fuit  incertain 
ilMt:    Car  aerrk  inconvenient  que  actions 
^  Jpim  — intnine  per  imagination  d'un  entent 
[•KpRi^A^appicrt  per  les  parols  sur  que  Taction 
,  mce  est  tout  incertain  et  subject  al 
ooniecture:    Mes  si  un  dit  aJ.  S. 
art  a  Traitor,'  fire,  la  '  constat  de  Per- 
et  action  gist :  Issint  icy  en  le  case  al 
leant  le  defendant  et  Bonner  ad  par- 
4m  pi'  donques  quant  le  defendant  dit 
him :'    La  (innuendo)    voyle   denote 
lepertOQ  nosme  devuunt :  Mes  si  le  de- 
■uins  ascan  parbnce  del  plaintiffe  ad 
*  knag  him,'  &c.  la  nul  innuemlo  vo\  le 
fieile  person  certain.  Quant  al  'i.  si  coine 
^^mim)  ne  poit  faire  le  person  certain  que 
mMaia  oevant,  issint  un  (innuendo)  ne 
kvkeiatlcr  on  sence  des  psmds  inesines : 
•nt  le  defendant  en  le  case  a  I 
intiiie ;    « That  he  was  full  of 
~e  the  French  |iocks) 


m  9m  qoant 

.Ad  ilainti 

PMkiJCmii 


cest  *  iniuientlo,'  ne  fliit  son  prnp-.c  ofiice,  car 
ci'«)  eonieude  a  exleiulcr  a  les  iri^ncrul  puruls, 
'  rhe  poeks,'  ale  *  French  iMieks,'  |ter  imagi- 
nation d*ini  I'litfiit  ijiie  nc'st  apiuirent  per 
aseun  precedent  paioU,  a  que  Ic  '  iumieudo'  re 
ferrer;  Lt  les  parols  me;iiucs  secra  prise  Mn 
*  mitiori  sensu.' 
T 


975 J     STATE  TRIALS,  36  Charles  II.  i6si.~TMl  o/Thomat  RMtwell, 


a]|  respects,  both  of  grammar,  and  reason,  and 
law  ;  It  is  insensible,  because  it  is  im|io6Stble ; 
and  it  is  impossible  because  you  must  else 
make  two  kin^  to  be  one,  or  one  kiii^  to  be 
two,  and  tbc  innuendo  must  serve  both  ways  ; 
which,  I  believe,  your  lordsbip  will  hardly  un- 
dertake to  do. 

And  besides,  my  lord,  there  is  another  incon- 
sistency in  these  words,  *  knbuimus  nunCy^ 
that's  contradictory ;  hubuimus  refei-s  to  the 
time  past,  and  draw^  one  way ;  nunc  to  the 
time  present,  and  draws  another  way:  and 
when  there  are  such  inconsistencies  anil  inco- 
herences, how  can  any  man  make  a  judopiuent 
in  this  case,  where  the  lite  of  a  man  e8[iecially 
u  concerned? 

But,  my  lonl,  if  huhnimus  he  tliat  which  he- 
ingf  first  shall  take  pUce,  then  these  words 
reTer  to  any  two  kings  thnt  wc  have  h?.d,  under 
whom  Poper}'  hath  been  let  in  ;  and  so  we  must 
run  back  i'rom  Ilarrv  the  8th,  up  to  the  con- 
quest, nay,  Iteycmd  the  conquest,  tn»the  Saxons 
and  other  former  kings,  to  the  first  that  estah- 
lishcil  the  Christian  relipon,  which  was  then 
aubjec^t  to  the  Papacy.  And  it  will  he  hard  to 
construe  them  wicked  kings  for  m  doing  at 
that  time;  as  any  man's  reading,  thai  knows 
any  thine  of  tlie^  history  of  Kngland,  will  ea- 
sily tell  Tiim.  So  that' it  is  unintcnigible  and 
insensible,  e\'cn  that  way ;  and,  to  be  sure,  if  it 
be  80,  that  we  luive  had  two  wicked  kings  toge- 
ther, refoning  so  far  back,  it  cannot  at  all  con  • 
cem  the  present  king. 

My  lord,  I  shall  be  short:  I  only  stale  these 
things  beinre  yoii,  and  ivcoinniviid  them  to 
your  lordship's  fousi<lcna1i"ii.  Theu  vume 
these  words,  which  ii  seems  nrc  most  i-elicd 
uiwn.  ♦  If  they  would  stan«l  to  their  prinriplcs, 

*  he  did  not  ♦piestion,  but  thoy  should  be  aide 

*  Inimicos  suos  vinren-,'  hmnvniio  the  kin;:  :ind 
the  government.  Tliis  is  iho  niosl  insf  nsibl.*. 
as  I  apprehend,  of  all ;  and  it  is  iti  th;*  fatal!* ".; 
part,  it  being  there  that  the  trcai»on  must  li>-, 
if  there  be  any.  Now,  my  lonl,  \\q  tivst  s»a^ , 
there  is  no  mention  at  all  of  any  enemies 
throughout  all  the  words  pretcdt-Kl ;  there  is 
DO  averment  that  the  king  was  enemy  to  any 


My  lord,  I  ^hall  cite  no  books  more 
have  done.  I  humbly' conceive,  that  ] 
that  great  rule  in  the  book  1  first  men 
and  the  reason  of  the  thing  together,  > 
subsequent  authorities  that  I  have  citec 
they  stand  so  fair  antl  clear  to  avoid  this 
ment,  that  to  tiouble  yoiur  lordship  i 
were  to  embroil  the  case ;  therefore 
say  no  more  out  (vf  tlic  books.  Rut  t 
is  a  firm,  rrasonablc,  undeniable  nde, 
must  rule  all  cast's  that  come  under  tl 
son  of  it.  .4nd  I  never  heard  tliat  bo 
ever  contradicted ;  but  all  subsequent 
ments  were  agreeable  thereunto. 

Just.  Withim.  U'liat  folio  is  it,  Mr.  \ 
in  the  4th  Rep.  ? 

Mr.  Wallop,    Folio  17.  B. 

Just.  Hollozcaif.  It  is 's  Case,  h 

Mr.  Wal/op.  Yes,  Sir.  My  k)rd, 
stripped  the  words  of  the  innncndos. 
will  not,  I  am  sure,  put,  nor  can  an  in 
put  such  a  violence  or  force  upon  wore 
make  them  treason,  when  in  tliemselvi 
have  no  such  meaning.  Innuifndos 
follow  the  meaning  of  the  wonis  as  the; 
the  reconi,  and  not  to  draw  the  meaning 
wonlsaiW  the  innuendo;  for  you  wi 
(especially  in  case  of  life)  press  worda,  o 
them  to  speak  more  than  willingly  the^^ 
or  intend.  It  is  not  the  practice  of  the* 
to  do,  to  make  any  such  stretches, 
niniis  emungit,  elicit  sanguinem,*  1 
wrings  the  nose  too  hard,  will  draw  ibrtl 
that  is  the  rule  of  thai  great  lawyer,  i 
Coke,  who  applies  that  saying  to  th< 
straining  of  words;  l>eyond  what  in  tliei 
they  naturally  and  easily  will  bear.  A 
plu::)  that  God  is  not  well  pleasod  wi 
emupctions :  n.'»r  iJors  the  lew  of  the 
all  allow  it.  hut  ahsoluiely  Ibrhids  it, 
!:iw  orKn-rhud  spoaiis  thus,  •  Indubii 
,  n^rnlilKiv;,  l>enignior  senPU9  est  prsfei 
i  in  all  duinous,  unco'.iain,  and  genera' 
tliomost  hcni^'u  and  candid  inteqtretati 
I  l)o taken:  so  that  if  there  should  be 
about  ill r\sc  vords.  what  si;nse  they  b< 
it  that  the  king  was  enemy  to  any  '  in,  the  law  of  Ku;'!and  do?s  injoin  yo 
body,  or  any  bod3^  to  him  :  and  there  fore  the  ■  ship  to  ta\r  \\io  \vl\y  iUm  Wffi  on  the  ngl 


innuendo^  for  this  reason,  is  to  bi  i>(y^(:i;.'d  ;  and 

the  rather,  in  that  il  unLkcs  the  king  and  his 

subjects  to  be  enemies  one  toimotlipr;  vihioh  i 

is  an  imputation  that  ought  not  to  he  aiiiniited  ;  ! 

and.  I  dan'  suy,  will  not  be  hy  your  lordship. 

Therefore,  in  this  ease,  to  put'sucli  a  sense  in  . 

such  a  weighty  matter,  beiug  u  nsattcT  (.f  fact,  '■ 

upon  such  uncerlaiuticsi,  witiirtut  an\  further  I 

averment  of  the  intention  and  ni<  aning  of  the 

speaker  to  be  so  and  so,  and  without  an\  thing 

hut  such  innttendotj  is    very  hurd  :    tor  n(>\r  ! 

pcrluips  tl.ejur\  only  from  this  innuendo  v. t-vc  I 

pcrsy.uicd  that*  all  tlicnko  things  pointed  n|Km  I 

the  king  and  the  govcrinnent  ;  and  dil  tidvC  it  1 

that  the  lav/  was  tm  ;   that  the  ivords  intendetl  ; 

us  much  :  then  do  they  give  their  verdict  of  a  ' 

luattf  1  that  was  never  aVerred,  and  tor  want  of  I 

an  avcrnifnt  could  no^er  be  put  in  issue,  so  '  ^ 

tliat  the  parly  could  hare  a  trial,  whether  he  ^  iiou  of  the  Vase 

were  guilty  as  iliu  indicliueut  sa)  <» 


and  iiiuko  tl:  >  most  j'.i«  ourihie  const 
that  can  he  ot  iljciu.  We  ..■ly  ihon  the 
as  [  coi^coi^c,  siariiliii-,''  qniu;  othcrui 
wiih(»ut  \\ic  tn.njendi,  an-  insensible, 
nncovtain,  to  nhat  t'.i\  shoidd  lu>  ap| 
to  whom  :  and  iIkm)  it  thoic  >«hoidd  be  ) 
though  indirnd  in  one  respect  I  ihink 
non*^,  \etif  th«>re  should  remain  a  doul 
your  lordshi|)  iiud  the  court  are  to  ta 
vJtich  is  iiii-  uKtst  !iiild  and  grntit:  May 
biruingthcM'  words. 

My  lord,  1  hhall  not  trouble  your  1 
fin-tlicr  in  th:>  matter,  tor  I  think  it  is 
its  own  ligiii.  and  those  tew  touches 
li:ivc  i!fi^rn  of  that  gcneial  rule,  Lsap 
th.r  praliculnr  case  iKfiirc  yourlordsh: 
I  dn  r;i  qutsti<;n,  but  they  \vi!l  be  ap] 
ycui  lordship  and  the  court  in  their  oo 
therefore  1  Ia3'  it 


STATE  TRIALS,  36 Charles  II.  1684..— /or  High  Treaaom.  [21S' 


»'•  ftet,  •nd  hoRibly  pray,  that  the 
Bt  BMv  be  armted. 

'oMeWen.  M y  loni,  T  am  assiffnetl  hv 
1  tube  of  couiiS4'I  for  Mr.  Roscwcll, 
mer  at  the  bar,  ami  therefore  humbly 
our  k»rdsbtp  would  please  to  spare  me  a 
tbe  same  side  with  Mr.  Wallop.  The 
It  is,  this  part  of  the  indictment,  hath 
I,  aocordiiiff  to  what  our  information 
hy  Mr.  iVallop;  hut  lKN:ause  there 
!  many  words  in  the  inrlictment,  and 
e  ao,  aonic  of  a  higher  nature  than 
Acftfere  I   hes^  leave  to  put  the  words 

Las  they  lie,  and  1  shall  endeavour, 
istfioD  to  your  lonlship,  to  shew  what 
re  in  themselves  treason,  and  what  are 
■m,  thoagh  they  may  be  a  great  mis- 
oar,  and  highly  punishable  by  the  law 
the  court. 

Mnd,  thoufE^  the  statute  of  the  25  Kdw. 
provide  that  for  the  convicting  of  any 
WDy  there  shall  be  an  overt-act,' yet  I  do 
I,  nor  <lo  I  think,  but  that  tliere  may  l»c 
bat  are  an  overt- act,  and  consequeutly 
,  within  that  statute;  but  then  what 
worJs  these  are,  is  that  which  1  would 
^  afler  to  your  lonlship  to  discourse  of: 
'  bml,  it  plainly  appears  that  words  in 
btiy  that  are  very  evil  and  wicked, 
Mt  tnaaon,  nor  ore  to  lie  punished  by 
f  Aat  statute  of  the  U5  Kdw.  3.  As  in 
^117.  and   iUr,.     iU}^\\   Pine's  case. '^ 

£  there  spoken  by  I'liie  arc  most  evil 
I  wordi,  yd  by  all  the  judg-es  of 
jfttkay  are  am'ecd  niit  to  be  treasnii. 
t^itlf  hnrti,  iora  furtlicr  determination 
IjpiiM^wbat  ^\o^d:i:l^c  treason,  and  uhat 
fv  ae  leave  to  inc-.itiun  the  statute  of  IS 
^vfiich  1  uiiilerMund  to  be  the  statute 
vbich  the  prisoner  is  indicted,  and  the 
of  that  .statute :  lor  the  tirst 
is  treason,  aud  the  second 
mat  treason,  but  only  misdemeanour: 
M  second  brunch  ol'  the  statute  says, 
any  person  siinll  maliciously  and  ad- 
'  foUiih  or  alHiin  the  kin^  to  l>e  an 
tar  a  papist;  or  timt  he  endeavours  to 
IBS  Popery,  or  maliciously  and  advisedly 
tfa^y  printiui;,  pix'achin:<^,  or  expressly 
Bg,  publish  uitcr,  ordcL'laru  any  words, 
an,  or  other  thin^rs,  to  stir  uo  the  pcoph; 
icdor  dislike  of  the  kiti^'s  pi'rsou,  or  tho 
itei  government ;  then  he  is  disabled  to 
Vcurcisc  any  piuce  or  utfice,  civil  or 
y,aod  be  liable  t<»  ^uctl  further  punLsh- 
aa  by  the  comiuun  luw^  oc  statutes  may 
Ukti  in  such  casos  ;  by  wliicdi,  I  take 
>f  sning  to  be  Hue  and  imprisonment, 
1^  poniihmeut ;  but  not  the  punishment 
kttppaiated  to  th.;  judgment  of  high-trca- 
fMKofliibor  membLT. 

My  lord,  I  humbly  crave  your 
(jadgment  whether  this  shall  be  per- 
Mllie  ooiiDsel  slioidd  enter  into  such 
mi'wm  ikm.    The  question,   1  take  it, 


fjpL  1^  f.  9M|  of  this  CoUectioD. 


that  your  lordship  appointed  to  be 'spoke  to,  is, 
whether  this  indictment  as  to  ibrm  be  sufficient 
tor  your  lordship  to  i^ivc  judgment  upon  ?  But 
Mr.  Pfdlexfen  is  yfoin&f  into  that  which  is  a 
far  ^eatcr  point;  whether  these  words  ab- 
stracted from  all  their  innuendo  are  treason, 
or  no  ?  My  lord,  the  piisoner  did  not  move 
that  in  arrest  of  jud$:^ent;  and"  whether  voiir 
iords!iip  expects  any  such  thing  shoulil  be 
spoken  unto,  that  was  not  moved  "or  stirred  by  • 
him,  I  must  submit  it  to  you.  The  jury  found 
that  these  words  were  spoken  with  an  intent  to 
depose  tbe  king.  ^Vhether  that  your  lordship 
will  permit  it  to  be  argued,  whether  such  words 
are  tn-ason  in  their  own  nature,  is  of  quite  ano- 
ther consideration. 

Mr.  Fu//t.r/t/i.    Good  Mr.  Attorney,  Pray 
spare  us.     \Vecome  to  shew  that  if  in  their 
nature  they  import  not  matter  of  treason,  then 
the  innncndos    cannot  help    them,  so  as  to-  . 
make  tre<ison  of  them. 

Att.  Gen.  Tndy,  my  lord,  I  did  not  un- 
derstanil  that  it  was  your  lordship's  pleasure 
the  counsel  should  have  liberty  to  argue  any 
such  thing,  as  whether  the  words  be  treason, 
Iming  found  to  be  spoken  with  such  an  inten- 
tion ;  but  whether  these  innuendos  have  suf- 
ficiently lieen  laid  to  maintain  the  indictment  in 
point  of  form. 

Mr.  iW/cM/t/i.  If  3'ou  leave  out  the  words 
imnicndo'd,  then  sure  we  may  s[)eak  to  the 
words  themselves. 

L.  C.  J.  I  Milk  yon,  5Ir.  Attorney,  either 
you  mistake  Mr.  Pollexfcn,  or  I  do :  For  I  take 
It,  that  he  is  entering  into  the  consideration  of 
these  words  as  they  arc  laid  in  the  indictment  ; 
that  are  uncertainly  laid,  so  as  that  they  will 
not  support  an  indictment  of  ti*eason. 

All.  Ocn.  My  lord,  he  is  arguing,  that  if 
tlu^y  «ere  spoken  of  the  king,  yet  they  woul(i 
not  be  treason. 

L,  C.J.  Mill  ho  say  so?  1  dare  say,  be 
vi!l  not. 

Alt,  (Jen.  He  is  arguing  upon  the  statute, 
what  words  are  treason,  though  spoken  of  the 
king,  and  wliat  not ;  \\hicli  i  take  it,  is  not  the 
question  now. 

Sol.  Ucn.  My  lord,  we  humbly  offer  it  to 
your  lordship,  whether  it  be  according  to  your 
lordshipVs  rule  and  intestion,  that  he  was  to 
argue  wluihcr  the  woi-ds  were  treason ;  or 
only  whether  the  form  of  the  indictment,  as  to 
liie  inr.ucntioSf  was  good  and  suiticicnt. 

/..  C.  J.  'J'aking  the  words  to  be  sufHciently 
set  forth  in  the  indictment,  and  found  by  the 
jury  to  be  spoken  of  the  king,  esi)ecially  the 
last  words:  Do  you  think  we  would  suffer 
that  question  to  be  debate<l,  whether  they  were 
treason  or  noli'  Ciod  forbid.  1  will  not  sit 
here  to  hear  that  ipicstion  at  all  so  uuich  as 
made  or  put,  Pll  assure  you.  1  took  him  not  to 
argue  at  ail  any  thing  that  way. 

Mr.  Po/Zci/trt.  Pray,  my  lord,  hear  me; 
I  am  going'  only  to  this;  for  1  would  not 
offer  any  thing  'bc^yond  what  is  lit  for  me  to 
offer,  and  for  the  court  to  hear :  But  this  we 
say,  that  the  words,  the  effective  wor^ki,  are  wi 

4: 


t79]     STATE  TRIALS,  86  Chables  IL  l6M.--Trial  ^  Thomoi  Roumdlj     [2M 

80  siifficieotly  laid  in  this  indictment,  as  to 
make  tbcm  amount  to  treason,  I  am  only 
going  to  that. 

L,  C.  J.  Ay ;  that  in  the  stiiisrinip  ]iart  of 
the  iiuestion,  :uul  su  1  understood  aim  before. 

Mr.  FoUerftn.  My  lonl,  I  only  mentioned 
thatiof  the  statute,  that  there  were  two  sorts  of 
words  there  taken  notice  of;  to  shew  that  I 
thoii^t  these  wurds  were  nut  within  that  branch 
that  is  said  to  lie  trt-ason. 

L,  C.  J.    Well,  jfo  on. 

Mr.  Folic rfin.    I  will  keep  myself  to  the 
first  clause  of  the  statute ;  for  what  I  mean,  is  ; 
this,  Tluit  if  these  words  come  not  witliin  that ! 
fuvt  branch,  which  niak^  the  treason,  then  ! 
^our  lonlship  rannot  {^ive  judji^'ment  upon  tliis  ! 
mdictment.     For  thoufrh,  my  lord,  it  may  be  ' 
these  words  are  extniordiiiary  ill,  and  being  ; 
spoken  or  preached,  may  have  an  ill  sense  ur 
meaning  with  them  ;  yet  I  would  observe  to 
your  lordship,  there  are  other  penalties  and 

Suuishments  provided  for  some  sort  of  words, 
lan  there  are  for  others. 

But  then,  my  loni,  let  us  consider  the  words 
of  the  first  branch  of  this  statute.  If  so  be  any 
person  does  com[)ass  the  death,  or  bodily  re- 
straint, or  other  harm  to  the  king's  person, 
or  to  deprive  the  king,  or  levy  war  against  the 
king,  &c.  and  this  compassing  and  imagina- 
tion does  express  by  printing,  writing,  preach- 
ing, or  malicious  and  advised  speaking,  they 
chall  suffer  judgment  of  high- treason.  Now 
tfien,  all  that  I  would  come  to,  is  this,  that  this 
same  treasonable  printing,  writing,  prcac^hing, 
or  speaking,  must  be  of  such  words  as  shall 
intend  the  death,  bodily  hurt,  restraint,  or  im- 
prisonment of  the  king's  person,  or  levying  of 
war. 

My  lord,  having  said  this,  the  next  thing  is 
to  come  to  the  words  themselves,  and  to  take 
thcui  as  they  are  in  themselves,  without  the 
innucndosy  and  see  what  the  natural  sense  of 
them  will  be :  And  we  will  take  them  in  the 
natural  order  as  thov  are  laid  in  the  very  in- 
dictment, and  found  by  the  jury. 

The  first  passage  of  them  is,    *  quod  Po- 

<  pulus,*  i^c.  (meauing  the  neojik*  of  Hngland, 

*  the  subjects  of  our  lord  the  king)   ^  made  a 

*  flocking  to  the  king  (meaning  our  said  lonl 

<  the  king  that  now  is)  to  cure  the  king's  evil,  I 
f  which  lie  could  not  do ;  hut  we  ^re  they  to 

*  whom  they  should  come,  being  Priests  and  • 
f  Prophets,  that  by  our  |>rayers  can  heal  the  ' 
«  griefs  of  the  people.'  N(»w,  my  lord,  with 
humble  submissHm,  it  is  plaiii  that  as  to  these 
words,  they  have  not  in  theiuselves  any  ten- 
dency to  treason  at  all,  whatsoever  rejection 
they  may  m^ke  upon  tlie  king ;  they  are  the 
wonUof  a  priest  niagnilying  i.is  own  oiKce, 
and  his  power  with  God  *Ahiii«;lity  ;  hut  they 
do  not  come  up  (I  tliink;  to  this  crime,  ibr 
which  the  prisoner  at  the  bar  stands  accused. 

Then  the  next  wunis  tliat  follow,  are  these, 

*  Nos    habuinius  nunc   duos  iniquos    R*  gcs 

*  insimul,  qui  i»eriuisenint  Homanaiu  super- 

*  stitionem  intrare  in  eorum  cons)>ectu,  Jkc.  and 

*  who  oaa  be  likenad  to  none  but  wicked  Je- 


*  roboam.'  My  lord,  these,  I  do  acknowledn 
are  very  wicked  and  bad  words,  espcdiulj 
if  they  must  be  applied,  as  the  indictment  bu 
set  them  forth,  to  the  itte  king,  and  his  prs* 
sent  majesty :  Yet  these  very  words  (under 
i'avour)  will  not  amount  to  the  charge  of  bicli 
treason.  'Vhcy  deserre  very  severe  puniu- 
ment ;  but  they  seem  not  to  conoe  up  to  soy 
thin^  of  an  intention,  or  compassing,  or  » 
signing  the  death,  bodily  hurt,  or  imprison- 
ment of  the  king ;  or  the  lerying  war  s({^nil 
him.  This  I  speak,  my  knd,  with  submiMoni 
and  1  believe  your  lordship  may  be  of  the  saon 
mind. 

But  then,  my  lord,  the  next  wor^  that 
follow,  are  the  words  (1  suppose)  that  are  rdiad 
upon,  to  make  out  this  accusation  ;  *  Quod  si 

*  ipsi    starent   ad    fundamentalia,    ipse 

<  timebat,  dkc.    That  they  should  eve 
'  their  enemies,  as  in  former  times,  with  i 

<  horns,  broken  platters,  and  a  stone  in  a  sliiy.' 
These,  my  lord,  seem  to  be  the  words  in  wkidl 
the  crime  consists.  Now,  my  lord,  if  tbcN* 
words  in  themselves  are  so  uncertain,  or  aadi 
as  do  not  tend  or  relate  to  the  present  kij|y,  ar 
the  present  government,  to  stir  up  seditMin  ar 
rebellion  against  them,  then  they  will  noi  bt 
treason,  because  they  do  not  so  reute. 

Now,  my  lord,  these  words,  if  you  take  thai 
alone  without  the  former  clause,^  Noa  baW- 

<  mus  nunc  duos  iuiquos  Rem  insimul,'  te, 
closed  with  the  innuendo^  Uiat  he  meant  fim 
late! 
can 

government, 
art.     Which  way  can  it  bef  'If  they 

*  stand  to  their  principles,  they  should  ofai* 
'  come  their  enemies:*  How  can  thev  be  i»» 
tended  to  be  meant  of  the  king,  and  nialoval 
subjects  ?  Then  let  us  consifler  the  words  tw 
go  nfoi-e,  whether  they  will  help  any  thing  tr 
no ;  '  habuinius  nunc  duos  iniquos  Regea  ia^ 

*  biinul'.  These  words  of  themselrea,  atii^ar 
the  innuendo,  do  not  express  what  two  knfB 
are  infant  by  them.  If  you  take  the  wwii 
strictly,  that'  *  We  have  had  two  kin^  avw 
togeilier,  insimul,'  as  the  word  signiQca^  i| 
must  l»c  iwo  kings  at  one  and  the  same  liflM; 
But  take  it  in  the  English  phrase  (as  perbuA 
thoy  would  ha%e  it  turned  into  English), « Wm' 

*  have  luul  now  two  wicked  kings  tOKethart^ 
(meaning  the  late  blessed  martyr,  and  Eia  now 
majesty),  then  it  must  be,  we*  have  had  imw 
two  kings  successively ;  but  it  is  a 
thing  to  render  such  Latin  into  such  £ng 
wluch  s<>eins  to  he,  in  the  nature  of  the  i 
theinseh  os,  such  as  will  bear  no  such  senaa  ac 
construction  as  thqt.     And  then,  the  '  qui  papt 

*  iniserunt  Romanam  superstitionem  intraie  \^ 

*  eorum  cnnspectu  ;*  if  the  first  words  do  Ml 
in  themKelves  exprfss  what  kings  were  maaai^ 
these  words  that  follow  can  gi\c  no  manMrfl 
certainty  to  them  at  all :  For  here  is  nal  ft 
much  as  any  innuendo;  nor  can  the 
that  follow  them  *  (qui  assimilari  poasiiut,'  ^ 
which  can  be  likened  to  none  but  wicked  Ja 
boam)  in  any  sort,  shew  iny  ^:ertfunlv  |q  \ 


lea  witn  tne  tnnucnao^  inax  ne  means  ma 
\  king,  and  this,  1  see  not  possibly  how  thqf 
1  be  said  to  relate  to  the  present  king  aai* 
ernraent,  to  make  them  treason  within  ihii 
.     Which  wa\  can  it  be  ?  'If  they  wwU 


STATE  TBIALS^  S6  Cicahles  U.  1684.— /w*  High  TrmM. 


[98S 


lOB to  be  tppUed, or  Ofliitnte  whom 

r  tint  which  is  the  next  claii8e»  if  the 
k  of  ell;  'Scduipsistarentadfiui' 
J  &€.'  *  Ipi*  in  all  ordinary  con- 
in  of  epeech  lo  all  language,  being 
lA  to  the  former  words  (and  so  I  thiqjc 
le  ia  the  grammar  is  and  will  be  read  by 
eaaoBaUe  person  that  reads)  must  refer 
Best  aateoedeat.  And  then,  who  are 
hit  are  last  spoken  ofP  It  must  be  the 
ached  kings,  let  them  be  who  they  will, 
rare  meant  by  those  wicked  kings ;  for 
is  no  other  person  that  does  intervene,  as 
B  ef,  to  whom  they  should  be  referred, 
■mer  words  are  spoken  in  the  first  per- 
■d  pkirmi  number :  We  have  had,  speak- 
the  Dame  of  himself,  and  they  that  were 
riitors,  and  then  to  come  with  iDfi,  after 
I  MBtioned  two  kings,  who  h^  suffered 
!y  to  eome  in,  and  were  to  be  likened  to 
changes  the   form  of  the  whole 


diotment  has  not  pursued  them,  hat  has 
of  that,  to  be  quite 


L  It  sbonid  seem,  according  as  it  is 
i  the  indiisCment,  to  run  thus,  and  then  I 
i|— f  lordship  to  consider  the  sense  and 
■vef  them ;  '  We  had  now  two  wicked 
pstagwilifi,  who  have  soflfered  Popery  to 
n  nnder  their  noses,  we  cannot  compare 
■to  any  but  widced  Jeroboam  :  And  if 
^vaaklatand  to  their  principles,  then  he 
ht  but  they  shonkl  ovei-conie  their 
I  in  former  times,  6cc.'  Why  then, 
"  ^  to  qprammar,  and  ordinary 
a  relative,  must  refer  to  that 
i  before,  there  is  notlitng  in  all 
ihdorc,  but.  We,  tliat  is,  lie  and 
|i|iblhat  iM^ni  him,  and  the  two  kings 
nbifeke  cd';  and  the  two  kings  being  last 
bi(itmii&t  ill  ali  grammar,  I  say,  and 
^Ae  anderstood  of  the  kings.  Then  let 
1^  what  sense  we  can  make  of  it;  'We 
mhsd  two  wicked  kings,  that  have  per- 
jtol  popery  under  their  iiuses,  that  they 
ite  compared  to  none  but  wicked  Jero- 
■  :  and  if  they  stand  to  their  principles, 
M  not  fear  but  they  (the  kin^s)  should 
HMse  tlieir  enemies.*  In  all  onliuary  and 
toduming,  I  cannot  see  how  tliey  can 
li^  hot  the  ipii  must  retier  to  the  regett ; 
ihin   *   £orum    fumhitiiontaliic,    ipfwrum 

a*  if  you  take  these  wonis,  as  they  do 
if  they  have  any  sense  or  meaning  at 
etfMm,  this  is  the  profier  and  natural  sense 
■nniiig  of  them. 
^Mia  pretty  hard  to  apply  the  *•  Nos  ha- 

fc.nnnc  du(n»  iniquos   lieges,'   to  the 
•tarent  ad  fundamenuiia.'      lu  all 
f  be  spoke  it  thiis,  if  it  continued  on 
e,  which  I  can  say  nothing  to, 
speak  to  the  words  as  they  arc 
r  indictment,  <  And  if  we  do  but  stand 
,  I  do  not  doubt  but  we  shall 
r  enemies  as  formerly,'  &c.  But 
I  of  ihe  person,  and,  according 
l4»nstnictioo,  we  know  bow 
The  other  seems  to  be 
fof  the  words;  but  the  in- 


them  wstead  oi  uhm,  &v  uc  4UU0  uwum.hot.,  ■ 
nosing  them  to  have  been  spoken  as  the  juiy 
nave  foimd  them. 

But,  my  k>rd,  if  they  do  not  well  bear  that 
sense,  which  I  think  they  sbuidd  properly  ami 
naturally  hear,  if  they  had  been  right  laid,  the 
question  then,  whether  we  can  make  these 
words,  as  they  are  laid,  to  bear  any  such  sense^ 
as  the  king's  counsel,  by  their  innuendoi^ 
have  placed  upon  them  ?  that  is,  if  they, 
meaning  his  auditors  ;  <  should  stand  to  their 

*  principles,  then*  thev  should  overcome  their 

*  enemies,'  meaning  toe  king  and  his  loyal  sub> 
jectS.  Truly,  my  lord,  I  cannot  see  how  that 
can  be,  how  ip$i  should  be  me ;  I  and  mine 
auditors  should  stand  to  their  principles. 

But  setting  that  aside,  come  we  then  to  the 
main  words.  « He  did  not  fear  but  thay  shouM 
overcome  their  enemies.'  The  gvM  force  of 
these  words  lies  in  the  word  enemies.  What 
is  meant  by  enemies?  For  all  the  rest  without 
that,  would  not  signify  any  grest  matter,  with 
submission  to  your  lofidship,  as  I  think  :  And 
therefore  here  cornea  the  great  harden,  and 
that  which  is  the  sharp  sting  of  all  this  indict- 
ment. And  to  make  enemies  to  signify  the 
king  and  his  subjects,  my  lord,  is  a  very  won* 
dcrful  innuendo,  as  1  believe  ever  wss  attempt- 
ed  to  be  made.  So  it  seems  to  me,  with  submis- 
sion to  your  lordship ;  the  word  enemies  itself  ii 
a  word  of  so  large  comprehension,  that  it  reaches 
to  a  great  part  of  the  world.  God  knowa,  man- 
kind is  so  very  uubappy,  as  that  every  one 
hath  very  many,  and  too  many  enemies.  Who 
is  not  anenemy  f  A  man  scarce  knows  ;  it  is 
well  if  he  does.  And  this  is  a  thing  that'a 
mighty  hard,  that  so  general  a  won!  should 
have  so  heinous  a  particular  application. 

There  then  rests  the  buruen  of  the  case, 
whether  inimico$  should  signify  the  king  and 
his  loyal  subjects.  If  in  the  natural  grammar 
the  former  words  of  *•  Ipsi  starent  ad  funda- 
*•  mentalia,'  be,  as  I  have  shewn,  to  be  referred 
to  the  duos  Reges  as  the  last  antecedent,  then  it 
inuKt  mean,  thst  the  duo»  Reges  would  over- 
come their  enemies,  and  then  there  is  no  hurt 
in  all  theiie  words,  but  whatsoever  was  spoken 
is  very  commendable,  and  very  allowable: 
But  if  you  would  take  it  otherwise,  1  see  not 
how  it  c*an  be  done  without  the  greatest  strain 
in  the  world  of  so  general  a  word,  to  make 
mimicos  mean  the  king  and  his  subjects. 

Now,  my  lord,  let  us  see  how  they  intend  to 
help  it  out,  and  tliat  is,  by  these  mnueudet^ 
The  nature  of  an  innuendo  bath  been  already 
opened  to  your  lordship  by  Mr.  Wallop.  I 
shall  not  repeat  sny  tiling  of  that  which  was 
said  before,  for  that  1  cannot  take  to  be  any 
service  to  the  prisoner  st  the  bar,  to  take  up 
your  lordship's  time  in  repetitionR.  The  hooka 
have  been  cited,  and  reason  itself  will  direct  to 
that ;  for  must  ni»t  a  man  be  convicted  by  hia 
own  words,  as  well  as  punished  for  them  f  It 
is  not,  sure,  the  skill  of  the  dork  to  put  in  an 
innuendo^  or  of  any  one  else,  that  shall  be  eon- 
struedto  make  my  words  tu  hafo  any  other 


S8S]     STATE  TRIALS,  ^6  Cuarlbs  II.  1684.— Ti-ta/  of  Thmuu  kosewcli,     [S8^ 

seiuie,  than  I  that  spake  them  intended  them  in. 
If  the  words  are  not  clear,  why  then  tliey  can- 
not affect  the  auditory,  so  as  to  have  any  evil 
influence  upon  them,  to  incite  tlicni  to  sedition 
or  rebellion;  for  sensible  words  must  influence 
sensible  men:  But  words  that  arc  insensible, 
can  have  no  influence  at  all  upon  rational  crea- 
tures. «Then  shall  an  innuendo  make  that  an 
offence,  without  \s  hich  it  was  not  an  offence ;  es- 
pecially so  ffteat  an  oflcnce,  as  that  ot*  high- 
treason?  Surely  not. 

Besides,  my  lord,  all  our  books  are  against 
making  any  such  construction.  Unll's  Abr. 
1.  part  84.  There  is  a  whole  b«»d-roll  of  them 
to  prove,  tliat  innuendas  will  not  help,  where 
the  words  in  themselves  have  any  inocrtainty 
in  them.  The  bare  setting  down  the  words 
with  innuendos  are  not  an  averment  sufficient 
to  maintain  an  action,  or  an  iudi(*tment.  The 
cases  there  urc  indeed  upon  actions  of  the  case 
for  wonis,  which  in  reason  are  under  the  same 
rule. 

For,  my  lord,  there  are  two  ways  to  apply 
words  that  are  uncertain,  to  bring  out  the  true 
intent  and  meaning  of  tiiem,  to  \f  horn  they 
are  to  be  applied  ;  the  one  is  by  a  colloquium 
precedent,  and  where  there  is  a  colloquium 
preoedcut  of  such  matter  as  will  lead  in  the 
ause  of  the  words,  which  iiithout  it  were  not 
to  be  understood,  thcrp  the  laying  that  coilo- 
quium  makes  the  wonls  rnnic  to  be  sensible, 
and  there  is  thij»  reason  for  it,  whenever  that  is 
done,  the  colloquium  uaist  i*oine  in  evidence, 
and  must  be  proved  :  But  I  never  yet  know  an 
innuejidoolfeved  (o  be  proved.  AnolIuT  way  is 
this,  where*  \vori!.>  'jlvv.  i'.iid  in  a  drclaratiuti  with 
an  averment  pre  cetlcnt  to  he  spoken  of  sneli  a 
person,  then  the  woids,  uiili  an  intmcudo  afu'r 
that  averment,  ^hc^v  stitliciently  what  Ls  meant 
by  them.  If  so  be  soaudaloiis  words  are  spo- 
ken, as  to  say,  ''Thy  landlord,  your  brotlier, 

*  your  mastor,  \oiir  servant,  your  son,  is  a 

*  tliief,*  or  tile  !il;e :  In  these  cases  the  words 
in  themselves  do  not  express  the  man  of  whom 
the  scandal  is  raised,  but  they  give  such  a  de- 
nomination of  the  man,  that  may  by  the  hearers 
he  siiflicienily  known.  >Vliy  then,  in  that 
case,  if  in  the  declaration  it  is  averred  that  the 
plaintjtt  was  his  lanillord,  was  his  brother,  was 
his  master,  was  his  servant,  was  his  son,  anil 
that  thesif  words  ^\ore  spoken  of  him,  aiid 
tliereby  it  comes  fh  be  made  apparent  to  the 
court  what  is  meant,  and  who  is  meant,  thai  is 
well,  and  all  tiiat  nnistl>e  ]iroved  to  the  court 
upon  evidt  ace,  or  the  aciion  cannot  be  main- 
tained, by  such  means  as  this  it  is  made  plain 
and  demonstrable,  tbat  there  can  no  doubt  re- 
main, either  v.  ith  the  court  or  the  jury,  to  whom 
the  injury  is  done,  and  of  whom  the  scandal  is 
uttered.  And  these  are  the  only  two  wa\s 
tliat  ever  I  could  observe  were  allowed  to  be 
suiiieienc  to  maintain  any  such  action :  And 
there  the  inuutudo  comes  very  properly  in  to  as- 
siiil  the  averment,  or  the  colloquium. 

But  now,  my  lord,  here  in  this  case,  here  is 
nothing  of  that  kind,  but  only  a  bare  innuendo 
that  such  and  such  were  moBBt,  without  either 


a  colloquium  that  there  was  a  discourse  coD' 
cerning  such  and  such  persons,  or  an  aremiMit 
that  the  words  were  spoken  of  the  persons. 

,My  lord,  I  cannot  tell  what  precedents  they 
willofler  to  vour  lordship  of  former  or  latter' 
times.  We  nave  had  but  very  little  time  to 
loi^k  into  it,  and  have  not  that  recou  rse  to  the  pre- 
cedents on  the  crown's  aide  that  the  kuig*! 
counsel  have.  But,  my  lord,  for  precedenli 
that  may  have  past  sub  silcntio  ;  witnout  hiT* 
ing  the  question  stirred,  I  suppose,  will  not 
be  allowed  by  your  lordship,  and  the  court  as 

Erecedcnts  against  as.  But  1  think  there  will 
e  no  instance  given,  wherever  any  such 
thing  cams  in  question,  that  ever  jadgnMBf 
was  given  against  the  defendant. 

My  lord,  this  seems  to  be  the  sense  and  na- 
ture of  the  words  as  they  are  laid  in  this  k* 
didment,  stript  of  the  innuendoi,  and  jovr 
lordship  knows  what  a  case  we  have  now  be- 
fore you.  We  are  in  the  case  of  the  life  of  » 
man,  which  is  much  favoured  in  law,  and  if 
there  beany  doubt  or  uncertainty,  your  lord- 
ship  will  lean  rather  towards  the  isTOurabl* 
side  ;  and  if,  according  to  tlie  rules  of  knr, 
words  to  make  men  criminal  shall  not  ho 
strained,  or  forced  beyond  their  plain,  natani 
meaning,  sure  they  shall  not  to  make  a  nun 
capitally  so :  For  the  greater  the  crime  n,  th^ 
greater  consideration  the  court  will  hoYO  to  tee 
tnat  there  be  no  strained,  forced  constmctioM 
to  bring  the  life  of  a  man  in  danger :  And 
therefore  1  humbly  pray  that  judgment  mj 
be  arrested. 

Alt.  Gen.  Alay  it  please  yonr  lordship  f 
am  of  eounsi>l  in  this  ease  for  the  king :    and 
notuitiisiauding  any  thing  that  has  been  laid. 
I  do  conceive,  that  there  is  high-treason  wdl. 
alledged  in  this  indictment,  of  which  the  pri- 


soner is  fuund  guilty  against  whom  I 
niand  your  judgment.  3Iy  lord,  there  is  agieal 
diirc.-x'iioe  in  this  matter  ;  that  is,  whethct 
the  words  nrc  treason,  as  they  were  spoken  If 
him,  Kud  whether  or  no  this  treason,  admitlaitf 
it  to  bo  trea<;on,  be  well  disclosed  by  this  iih 
dictmcnl  -  For,  my  loni,  I  think  to  preach  md 
public   BS^einbly,   that    '  we  have  had  tiNi 

*  wicked  knv^s  togetiier,  who  have  pennitlii 

*  Po|iery  to  ttome  uadcT  their  noses,'  and  thM 
{  to  go  on  with  it  to  *  Stand  to  their  principleiP 
'  (for  so  the  wv)r(b  are  laid  in  this  indictrnM^ 

*  and  they  should  overcome  their  enemies  li 
^in  tbrmer  times,  »ith  rams-homs,  brokM 

*  |datters,  and  a  stone  in  a  sling,'  is  a 
high  aggravjition  of  sttch  words.     And, 
lord,  if  you  re.iicmher  the  evidence,  as  I 
not  you  do,  it  was  all  spoken  in  a  publio  •#• 
sem'bly,  before  4  or  500  people,  and  they 
spoken  without  any  words  intervening  r 
soever.    These  \\  ere  the  only  words  that 
spoken  relating  to  this  matter :    So  that 
mubt  carry  their  own  pregnant  sense  with  thev 
of  exciting  the  people  to  stand  to  tlietr  an' 
against  the  wicked  kings,  or  else  they  ara 
no  signilicatlon.    And  thns  they  are  laid  m  4 
indictment,  and  fonnd  by  the  jury  to  be  opahk 
positively  to  stir  op  the  people  against  tfiaki%r 


STATE  TRIALS.  36  Charles  IL  l684^/or  High  Trmon. 


[386 


cat  him,  and  to  nue  rebellion  within  the 
on.  This,  I  say,  is  positively  afQrmed, 
id  dMm  in  the  indictment.  *But,  now, 
icr  or  DO  these  words  arc  in  point  of  ibrra 
I,  tint  the  court  must  understand  tliem 
dation  to  the  ktn^  and  government,  and 
■igomait  to  st'u:  up  the  people,  is  the 
m  I .  For  if  they  be  so,  then  they  are  well 
laop'port  this  conviclion  of  treason. 
vlorlbaC,my  lord,  I  would  only  first 
bey  must  either  import  treason  in  them- 
«  or  they  do  not  If  they  do  import  trca- 
I  rhriiiiiliiiii,  no  addition  of  the  person 
raio^  whom  tliey  were  spoken,  as  that 
pcre  spoken  of  the  kinff,  will  mend  the 
or  make  it  better.  Though  it  be  laid 
■I  much  to  be  spoken  of  the  kinff,  and 
e  Bcrer  m>  much  averred,  yet  if  it  he  not 
a  to  disturb  the  government,  or  to  raise 
Ml  and  insurrection,  tlie  adding  a  thou- 
imea  that  it  was  spoken  *  de  Domino 
Se^'  vouhl  not  avail.  They  confess  they 
■•  pracedents  to  produce,  and  I  believe 
Ihej  have  not :  And  so  they  only  go  by 
€  migunnent,  taken  from  actions  upon  the 
br  wards :  Whereas  there  is  a  great  dis- 
f  m  die  case  between  actions  of  the  case 
■ii^  and  informations  or  indictments  tor 
I  Art  are  criminal  or  capital ;  and  I  know 

£*il  look  into  the  precedents  that  are  in 
ihe  entries,  and  m  the  reports  of  in- 
ptfm  or  indictments,  they  will  find  it  is 

amwtry  seldom,  or  rarefy  done,  it  being 
^maa  to  no  purpose,  or  as  perfect  sur- 
ip^HbTthat  such  or  such  a  thing  was 
lHbk^1leI>Draino  Rege  dc  GubeniRtione.' 
Ihflmaal  cases,  and  not  capital,  it  is  com- 
l^tfl^  of  which  tliere  are  multitudes  of 
■■i:  That  such  a  one  lieing  of  an  ill 
^li  fMe  oommotion  in  the  kiiu^om,  and 


^mUotky  sfioke  these  and  these  words. 
pM  the  constant  form  in  your  lordship's 
lordship  can  remember  in  the 
\  that  were,  or  the  indictmeats  of 
H  that  had  spoken  words  relating  to  the 
^if  York.  I  can  remember  when  your 
H^  wed  to  say,  *  Never  consult  me,  but 
nr  the  ancient  prrcL'diMits,*  which  I  dare 
rtribe  to  say  are  all  thus,  and  so  I  shall 
p.lgr  and  hy,  it  has  U'cn  in  indictments  of 
n:  And  though,  perhaps,  one  or  two 
H  at  any  time  be  otherwise  <lrawn  (nf 
kjct  we  can  find  none),  yet,  this  hath  ! 
Mbaeooatant  form  i'or  any  tbing  that  I  can 

eit  kof  very  great  consccjucnce  to  say 
m 9i  day,  that  what  has  for  hundreds 
■mtaselher  been  the  constant  practice, 
'Wf^  Jf  indictments  and  informations,  is 
|ppi^  it  were  to  turn  all  things  topsy  turvy, 
MMhr  jgieat  confusion  in  prosccmtioiis, 
■anmclMae  of  the  law,  in  criminal  mat- 
haB  therefore  shew  your  lordship  that 
'i  a  certainty  as  the  taw  does  require 
"  1  that  the  words 

must  have 
I  down  in  the  in- 
HiliBelhBgelse. 


WmXty  practised,  and  thai 
bwva  such,  tliat  they 
rwhat  we  have  laid  down 


But  then  they  do  lay  down  ^is  fbr  aground, 
which  I  think  I  may  grant  them  veiy  easily, 
and  yet  it  will  signify  nothing  to  what  th^ 
mean  ;  I  would  wipe  ott*  all  these  innuendoSf 
leave  diem  out  of  the  case,  for  1  never  expect 
any  heJp  from  them  at  all ;  and  then  1  do 
agree  that  an  innuendo^  without  a  strong,  ur- 
gent averment  that  the  people  which  hear  the 
words  spoke,  and  the  court  that  are  to  pass 
judgment  upon  them,  shall  say  forcibly  ap- 
pears from  the  words  'themselves,  who  was 
meant,  aiid  what  was  meant,  will  not  support 
the  indictment,  nor  has  the  verdict  tbrtitied  it 
at  all. 

But  they  tell  you  in  actions  of  the  case^  if 
John-a-Stilcs  be*^  called  a  bankrupt,  if  he  will 
bring  an  action  against  the  party  that  spoke 
these  words,  he  must  aver  andamrm,  that  they 
were  spoken  *  dc  Querente,'  of  that  particular 
person  that  doth  bring  the  action ;  and  so  it  is, 
the  law  is  so,  and  the  reason's  plain,  because 
there  are  many  John-a-Stiles's  perhaps,  and 
the  plaintiff  that  brings  the  action  is  but  one ; 
and  therefore,  if  he  does  not  shew  that  the  dis- 
course was  of  that  John-a-Stiles,  who  brings 
the  action,  it  is  uncertain  who  was  meant,  and 
cannot  be  supported  by  a  bare  innuendo.  But 
I  take  it  in  these  cases,  wherever  the  prece- 
dent averment  is  necessary,  there  must  be  a 
distinct  proof  of  tliat  averment,  as  if  John-a.* 
Stiles  be  called  bankrupt  (in  the  case  I  men- 
tioned) and  he  brings  his  action,  and  avers  the 
discourse  to  he  dc  Qucrente  ;  and  he  calls  wit- 
nesses, who  prove  the  words  to  be  spoken,  that 
the  defendant  did  say  John-a-Stik^s  was  a  bank- 
rupt ;  and  the  court  demands  this  question  of 
the  witnesses,  but  do  you  know  what  John-a- 
Stiles  the  defendant  meant  ?  and  lie  shall  an- 
swer, no,  we  only  heanl  the  party  say  John-a- 
Stilcs  is  a  bankrupt :  it  is  apparent'  that  evi- 
dence will  not  support  the  action,  fbr  that  aver- 
ment must  be  proved,  that  he  that  brings  tlie 
action  was  intended,  and  that  there  was  a  dis- 
course concerning  him.  There  must  be.  I 
say,  the  proof  of  ihc  avcmient  to  make  up  that 
cerUiinty  of  the  application  of  the  words,  which 
the  law  re<[uires.  And  tiKTctbrc  in  what  case 
soever  it  lie,  if  the  words  he  the  only  proof,  or 
if  the  words  carry  suHirient  in  themselves  to 
shew  of  whom  they  were  spoken,  it  is  ridicu- 
lous to  say  there  must  l»e  an  averment  that 
they  v.ere  of  such  a  one ;  because  words  cannot 
prove  theuiselvps. 

For,  my  lord,  wlicrover  words  by  sti-ong 
and  pregnant  intend mvnl  do  cnrry  slander,  and 
of  such  u  particular  per^nn,  there  the  lHi(»ks 
are  express  th.-itthor<*  uteds  i  '  averment,  that 
they  wen;  suoketi  (»i;'  such  a  one  ;  as  in  the 
case  of  Fleetwood  and  (uric,  Hoh.  'Jt>7,  which 
is  a  rule  lor  ail  causes  n[Kiti  a<  iinn^of  the  case 
for  words.  Sir  Mii«»K  Floctu  immI  bring  receiver 
of  the  Ci.urt  of  W  jirds,  h.in'/lit  an  action  of 
the  <-asc  Jii^Jiinst  Curl;'.  Inr  ihjit  he  (ha\ing 
sjicech  with  one  \\  hoicwdotl)  did  ^peuk  of  the 
piuintirr these  wonls,  Mr.  Llcri-i\i'i-  (Innuendo 
the  plaintiff)  had  drceivrd  and  cu/rned  the  king. 
&c.    JUe  did  there  alledgc  the  words  W  be 


,..r^., 


and 


987J      STATE  TRIALS.  36  Charles  IT.  \6B4.^Trial  ef  Thmmf  Ramtell, 

mwkvio  of  tbe  pkintiC  In  that  case,  upon 
Not  Guilty  pleaded*  it  wu  fouad  for  tbe  plain- 
tiff,  and  it  was  niored  in  arrett  of  judgment, 
that  tt  did  tiot  appear  by  the  wordti  spoken, 
Ibat  they  were  spoken  of  the  piaiutin :  tor, 
Mr.  Ileceiver  bad  no  propriety  to  tJiat  purpose  ; 
HHithe  Innueftdv  ^voulci  not'  make  it  certain, 
when  it  appeared  to  ibe  cauit,  that  the  Hords 
would  bear  noceriatQty,  tjiough  he  did  ailed j^e 
the  words  to  be  fpokeo  ot'  tbe  plaiDtitf  in  ihiit 
case ;  because  there  may  be  many  deceivers, 
0r  teceivera,  and  he  must  prove  it  particularly 
vpokea  of  hunsetf  But  tlien  tbe  book  is  9%- 
press,  that  allcr  a  verdict,  thoup:h  lie  did  not 
aver  it  waa  apoken  of  him  in  bis  office,  yet 
judg-ment  should  be  giveo  for  the  plaintiff)  be- 
4cause  there  is  a  nregnant,  v iolcDl,  certain  sense, 
that  may  l^d  tne  court  and  heartens  to  take  it 
so  to  be  meant,  and  cannot  be  ctberwi«e  ima- 
giiied  ;  and  therefore  the  court  will  not  ima- 
gioe  it.  Ai  if  a  man  spoke  of  an  attoruey, 
&ai  he  ia  a  knave,  and  spoke  not  of  \m  prac* 
Itee  ;  why  then  the  action  won't  lie  :  but  if  b** 
he  named  an  attorney  ia  the  diclaraticn,  and 
the  bearers  knew  him  to  be  an  attorney  \  in 
Uuit  caie,  it  was  ruled  not  necessary  to  have 
Any  such  avennent  ;  for  tbe  words  tliemseives 
ditf  import  it  iu  tbe  origins  I  case,  that  it  was 
apokco  of  him  in  his  office,  by  the  word  de- 
ceiver ;  that  having  an  aJlusioo  atul  ironical 
tmrnmUmimt  to  the  name  of  his  ofiioe  ;  and  in 
the  •tber  case,  because  the  hearers  knew  him 
to  bean  attorney. 

80^  my  lord,  upon  these  ground*,  juilgments 
have  gone  in  those  casew,  which  ihey  them- 
selves  do  so  much  rely  upon  ;  actions*  fur  the 
case  for  words ;  wherever  the  words  import 
presnantly  such  a  sense,  there  does  u^t  need 
aucVi  an  averment.  But  I  shall  shew  tliat  in 
informations  and  indictments  this  cannot  be  ne- 
cessary»  and  the  reason  seems  plain  :  tor  here, 
as  we  bave  laid  it,  and  as  tbe  truth  is,  we  all 
know  it,  there  ia  but  one  king  and  ffnc  g-ov em- 
inent ;  and  when  w  ords  are  laid  to  be  spoken 
to  cxuitt  commotions,  or  rebellions,  or  iusur* 
WmMmiBf  thev  are  but  external  declarations  of 
•the  msA  i  tne  treason  that  he  is  chariged  with, 
that  is  inward,  it  is  the  thoughts  that  are  trea- 
■on.  Bat  it  is  true,  the  laying  that  alone,  that 
he  did  so  compass  and  imagine,  without  some 
ftutward  declaration  would  not  be  good  in  an 
indictmetjt,  any  more  than  the  outward  de- 
claration without  the  inward  intention.  But 
the  treason  is,  that  he  did  imagine  to  raise 
lebeUioo  and  war  within  the  kingdom,  to 
atir  up  tbe  people  agaiost  the  king,  and  to 
depose  the  kin^,  and  brio^  him  to  death,  anil 
deprive  him  of  hiii  crown  and  dignity  ;  and 
then  goes  the  indictment  on,  and  savs,  to  the 
end  that  he  might  effect  thi^  treason,'  he  spoke 
Mioli  and  such  words,  whieli  by  that  new  law 
(that  Mr.  Potlexfen  mentioned)  will  amount  to 
tresaon  in  speaking,  14  wdl  la  writing,  I  say^ 
it  is  positividy  charg^  hi  the  indictment,  that 
he  did  thus  and  thua  speak  la  stir  up  the  people 
lo  rtbeUion  and  war  agsiDSt  the  king  ;  and 
then  coaae  the  words,    if  tndetd  any  collateral 


^//,  oV 


words  be  spoken,  which  its  tbetr  <»Wn 
import  not  a  tendeni  y  to  incite  and  sttr  up  thi 
people  against  tbe  king,  it  would  he  luuig^ 
with  ifintttndm ;  and  so  it  would  he,  ?f  then 
were  twenty  averments.  But  1  think  that  thi 
is  as  strong  an  avpjinent  as  can  l>e  (uhat 
all  know  lo  be  true),  that  there  is  hut  one  I  ^ 
and  one  gOTerniiient.  And  then  he  spnkd 
words  in  a  public  .ij^stniddy,  *  We  have  I 

*  ;«nd  so,  and  li  ihey    would  do  no  and  j 
which    carries  forcibly   and    preg-na 
sense,  that  it  cannot  be  rntended  to  T 
agiunst  any  one  else,  but  sgainiit  1 
the  government;  especially  now 
diet,  when  thr      '■-    f -^ '  ^^-^  ^-  o 
raise  up  tbe  ; 
discourse  is  1;.  i. 
teoditig  that  way 

Wy  lord,  we  are  now  upon  i1>e  fot 
iudictnieot*  Put  tbe  case  1 1 
expressions  in  it,  as  I  may  gr 
if  the  greatest  part  import  treason,  sedil 
rebeUion,  and  are  laid  to  be  done  to  incil 
people  to  rebellion,  and  so  foood  by  tbej< 
then  the  indictment  is  well  lairl,  And  Judgi 
must  be  w-ivcn  for  the  king.  The  ftrrt^ 
are  highly  derogatory  to  the  king,  and 
be  understood  tg  V-  spoke  of  him.  If  iIm  , 
BOiier  had  thought  these  words  would  not  title 
been  treason,  if  be  had  demurred  in 
by  that,  as  the  jury  tind  it  now  here, 
have  confessed  tt  V)  bave  been  sp( ' 
king ;  for  it  is  said,  he  apoke  it  to 
and  he  spoke  it  of  tbe  people  of  fin[ 
to  say  that  Populuf^  may  mean  th 
France's  people,  as  Mr.  Vvallop  wool 
certainly  no  man  can  think  that :  For  wh< 
speaks  m  English,  to  an  English  auditory 
public  assembly,  That  the  people  um" 
docking  to  the  king,  how  can  that  kiag 
the  king  of  France  ?  and  how  can  the 
people,  by  any  iateodmeiit,  but  a  very  fMgo 
and  fiti-avige  owe,  be  iu^  *  rtijf 

the  French  people  st^  ^ 

for  lo  be  cure<l  of  tlie  km-  1.  ^'^-  *'« 

himself  sai^s)  the  Freneh   "  >mkA* 

power?  No,  That  does  fix  a  ^„ut.^  .iUily  up* 
our  own  king. 

Pray,  let  us  consider  then,  what 
can  the  intendment  of  these  wonla  ' 
low,  *  We   liave  had   now  two  wic! 

*  together  ?*  As  for  that  objeetion  of  th« 
hmmul,  that  it  meaa»  t^i^ ether  at  one 
tiiat  sure  can  have  very  little  in  it,  it  baifljf* 
he  taken  according  lo  i'nrpm^»n  uudtfrfttal^f 
in  our  dialect ;  and  in  r  1  n  iay  irabi^ 
bad  now  two  wicked  i.  uar,  every  ^ 
will  underatand  it,  we  Um  m-ni  one  aft«  »* 
other,  because  we  have  but  one  king  •*  • 
time. 

And  then,  ray  lord,  if  the  latter  words  *•• 
left  out,  with  submission,  I  r-m.-.^,%«  u|iOfi  ^ 
authorities  that  are  in  our  "♦«  ^^. 

would  ha*  e  been  treason   u,  niMtuXt^ 

25  Edw.  3,     For,  my  lord,  in  a  pubiie 
biy  of  people,  which  is  an  unlawt\xl  iMf 
as  this  waS|  to  speak  t uch  woi^  df  tilt 


889]  STAtE  TRIALS,  36  Charles  If.  1 684.— /or  High  Treason. 


[290 


wAnld  he  treason.     For  put  tlir  case,  lie  hail 
collected  a  number  of  amitHi  men  al  lluunslow 
lleath,  and  there  ex  boned  tliein  to  stnn<l  to- 
Ifcther ;  that  the  kinij  wat«  a  wicked  prince, 
aoil  had  niis^jfrn  ernetl  himself  in   the  ailminis- 
trai'An  nf  ttic  trnvi  ntmeiit ;  I  think  that  would  ; 
be  iifM>x»ii  ^HiJjin  ilie  law.     IK  the  new  sta-  j 
ti!»:\  li>  sny  the  kiiii/  is  a  Pupiit,  pbiinly  is  a  * 
Pr. '»..•;•  ••/#■(.• ;  Irit  to  vay  th*'  Kinjf  is  a  ^ticked 
kiufir,  aii«t  hns  niisgo^trned  iii»'ise!f  in  intrt)- 
duciRs:   Popery  j    th.ii  in  a  bt«*i>  further  than  j 
whai.  the  act  nrw:«;«;  i   V\rtiwnhr ;  for  vhe«ie  : 
veiTurds  to  stir  ;i|)  tlie  {»C'»;)le apfainst  the  king", 
«[iect<i.My  prea«:!iH= !  i'l  a  p'lblie  asKcmbly. 

Tiien,  Lny  hud.  you  v.  i\\  i::ke  all  these*  \^onls 
to^etli^-r  ;  first.  P.'f.r  ho  \v\Ct  :\xt\vu  away  that 
great  authority,  a»:d  ^j^reat  i»ov.er  that  tlie  f«i»d 
rfHrjiveii  hath  ::'Voii  to  tlio  V\\\<i^  in  cuving"  : 
the  kind's  evil,   and  deflurd   hiui  :o  lie  a  ' 
nickc'd  |ir:ni'e,  by  suiii^rlnjr  Popery  to  come  | 
\       inder  hiss  nose,  end  that  l)e  was  to  be  compared  ] 
j       ttnone  Imt  wicked  Jor'»boaui;  nnl  thee,  to  I 
'        abort  tlie  people  lo  **taiid  lo  thvir  priueiides,  | 
(       ad  he  <1h1  not  dou'  I,  nut  they  .she-.dffcnerrouu'  • 
tbeir  enemies,  wLu-t  can  b«»  plaiijcr  Treason?  ; 
For  it  is  plain,  that  he  did  speilk  to  the  people, 
to  the  congrefjfation ;  ai'.d  thai  can  n^ vt:r  In^ 
MDden»»ood  othcrwi-e  by  thf*  eouit,  nor  by  the 
ketrers.    For  that  intevjiretation,  that  the  kin^ 
shouhl  overcome  his  enemies,  it  is  forei^  and 
ridiculous,   and  not  to  i>e  ima^neil  by  any 
body,  tiial  has,  either  sicnse  or  ix-ason* about 
tliem. 

But,  my  k>rd,  I  hh.all  leave  all  this  (the  Jury 
having  now  found  it)  to  shew  what  preeedt^nts 
v^e  <^Hlld  prepare  lor  vour  lordslii|> ;  how 
thinus  1^  tdis  nature,  have  bten  used  to  Ije 
drawn:  For  we  have  miide, fur  the  Hitle  time 
we  had,  as  ((oimI  a  search  as  we  c:ui ;  anil  1 
have  found  several:  And  iitdecl,  I  cannot  fuid 
one  otherwise,  than  as  this  is.  And  for  late  in- 
fbrniations  and  iDdictment*;,  if  vou  cxniMiuethe 
clerkn  that  now  are,  tluy  will  toll  you,  that 
there  is  not  one  othiTwise :  But  ti<at  if  it  b<' 
said  to  be  done  with  an  intent  to  raise  rebel- 
lion or  war  njpiinsl  the  kinv;^,  or  sedition,  or  the 
like;  and  then  say,  lie  spoke  h\iv\\  uiiM  sneh  ■ 
wurds,  that  is  suHirient.  l*Mt  f  will  sli<w  your  ■ 
lordships  soxi\^  aneieuier  prereilents,  soiue  few  j 
which  will  .shew  how  tiie  iiiactice  \\<a^  hereto- 
fore. I 

The  tin.t  is  3  11.  a.   Hut.  17.  in  tl.i^  Indict 

nent  against  my  l.)rd   Grey  of  hii^h-tn  ason 

ifter  the  (general  eharnfu  of  in.ii-luiiHti:;^  th( 

,       destni.-tion  and  dtatli  of  the  kiii;^,  and  sub-  ' 

Tersion  of  the   g-ovfrument;  it  is  said  there,  , 

i        that   prodilurir   he    did   spcik   ili{-se    words,  ! 

*  That  the  kin-^'s  grace  sli(ndd  l;e  dri\  vu  out  .d"  j 

*  tlie  rfului,  and  tin-  pr.ixe's  jfrr.cc  should  I 
'never  '»u%  cet.d.*  .\i».!  \\  is  not  uvprml  that  ] 
these  \i  oris  uore  sjmUj  ::  of  jI:..»  kiii'^f,  and  ol  '. 
theprinc*'.  Uf>v  wns  ilieiv  an;,  lu-i'!  \\  sliouUl  bo  . 
irwtd  ;  li»r  the  w.irds  pl::i'  !y  ijoj'oit  thev  '• 
•ere  s|Kiko'.i  of  ihem  ;  r.iuJ  iUv.  i . ,  ni'j;  it,  that  It 
was  to  rarse  sedition  wiiliiu  tlJ*  realm,  wns 
ntticient  to  make  thcui  hiufli -treason. 

'  Then  the  uea^t  is  my  lord  Cobhaiu's  Case, 

VOL.  S. 


1!  Jac.  Scssione  Ima ;  for  it  is  one  of  the  great 
records  that  lie  in  the  che.<tt^  amongst  the'  Ar- 
cana. Uut  by  tlie  iHiuk  in  the  otiice,  we  have 
a  copy  of  it ;'  but  thei-e  is  the  record  in  the 
chest,  and  there  it  is,  *  i'osteaque  12  die  Juuii, 

*  ultimo  piroterit,  ac  diversis  aliis  diebus  et  vi- 
'  cibus,  tarn  posteaqunin  antea,  dixerunt,  s.Scc.* 
(for  there  are  4»tlier  del'<  ndants),   proditoric 

*  there  will  be  no  t^ood  till  the  kinif'  (meaning^ 
our  sovereign  lord  the  king)  *  and  idl  hiscubbi, 
(nieaniiijtr  the  children  of  our  said  lord  the 
kin«:)  '  were  quite  taken  away,  'Ncc'  I  leave  out 
tlie  t«^r'nend  clia:-j;e  «»f  t!o'*niaehiniition  and 
contriviiio^of  the  dt-.'iih  oi  tbe  king;  init  to  the 
intent  to  elf;  et  iIim!  feaso!*,  i.;ifh  wenis  wei-e 
spoken  without  \\vy  :i\crjner.t.  that  they  were 
sjiokin  *<!.•:  resfo."'  There  ^^asno  meii'tion  of 
the  pr<i»eny  of  the  kiiijr  before;  or  that  the 
eubbs  that  w  *•!•<•  sji'iken  oi'wi'i'O  ihe  kiiiir's  chil- 
dren ;  lii'iiher  would  the  vur.^ls  *  regalis  iiro- 
'  genies'  answer  t!io  Kn^iu^h  word  '  ciibos ;' 
which  was  a  u ord  jduisivcly  mentioredby  him. 
Hui  in  that  case  it  wis  hVid  to  lie  a  good  in- 
dictmfiit;  and  sir  Viuiter  Kaleigh  was  con- 
demned uptin  it.* 

Anotber  is  Williams's  Case  ;f  and  that's 
very  like  our  fa>ie  in  the  l'.:st  pr.vt ;  that  is,  the 
first  words  iiisisitd  up-'^u  are  Isi.id  positively  tf» 
W  sjjokon  *d*  kire;  ,!:'i;ves,  by  an  innuendo, 
Pas.-.h.  17  Jat".  i?.t.  1".  tl:":vr  I'fier  the  '  Ma- 
'  ehinatiS  el  ir.terdri:.:.  \-<'.'  ii  is  laid,  that  he, 
such  a  «!-^y  «;fSemeo.l>v»i-.  *  ;iv.»  M!;>riiM!evisavit' 
a  trea-oiiable  boil*  called  I*  i'::5jm\  Ass ;  where- 
in there  are  .^\\i\\  r.i.ti  such  irassages  applied  to 
the  kinir  by  the  iw«.<cw</<>.  Tbe*re  is  nothinj^ 
said  of  that,  to  be  spoken  of  the  kingp,  *  de 

*  rege  ;*  but  the  words  of  the  book  carrying" 
their  own  plain  sense  and  meaning'  in  them, 
that  tlii>y  must  b^  intended  of  the  king^,  and 
the  goveVnment,  that  was  suftieicnt  to  maintain 
the  uidictment ;  aiul  be  was  execuled.  The 
innurnf/us  are  not  inaterial.  If  it  can  have  no 
oilier  sensc>,  that  is  eiioegh  to  maintain  the  in- 
dictment. 

lily  lord,  in  Fitzharris*s  Case,§  which  your 
lordship  sr.id  jdl  the  eonrt  rtinember;  part  of 
iIh^  li'/. !  v;  laied  to  the  duke  of  York,  l)y  the 
letUMii  J.)  of  y.  and  sometimes  only  called  by 
the  letter  K  and  the  king  hiniseU*  by  the  letters 
CV/.  And  the  innuendo  is,  meaninp^  our  so- 
vereiq^n  lord  the  king ;  and  there  is  nothing 
avei-rVd  in  that  case,  and  ind(?tHl  there  can  he 
iKithing  averred  ;  for  by  the  unpoit  of  the  things 
it  must  have  that  sense. 

Colonel  ISidney*s  <'ase,|i   my  lonl,  youMl 

*  .Sre '.ol.  'i,  p.  1,  of  this  Colbetion. 

f  *<et;  vol.  V,  p.  lOUo.  In  Shower's  Re- 
port of  this  Case  ol  Itosewdl,  tht;  (  Iiief  Justice 
IS  rtp-CMMitiMl  lo  lia\e  said  to  the  king's  comi- 
sil,  in  WilliaiuH'sCnst",  '^  the  book  was  de«li- 
euiod  to  tlie  kir.ij;  and,  I  \m\\  teil  you,  that  if 
\on  U:\i\  laid  it  t'.iat  le-  sptdvc  tbov'e  words  of 
the  kiiijr,  *uul  yy.i  bad  pr.>\  !  onlv  the  words, 
I  would  ii:\(''i:rt  ;i  to  •Ik'Ji'.v  whether  ihey 
belii^cd  I'.ioL  iio  v:}»'»lvi'  the  word-  of  the  king*.'' 

§  Sec  vol.  tJ,  p.  CU3.     It  See  vol,  9,  p.  HIV 
U 


991 J     STATE  TRIALS,  36  Cuaelbs  1L 

fiuil  to  be  the  same :  thciv's  no  avermeDt ;  but 
the  wonis  of  the  libel  are  brought  in  witli  an 
innuendo. 

And  you  have  another  indictment  at  Salop, 
SI  Car  S.  One  Pitt  was  indicted  of  hiah- 
treason,  and  con\icted  for  these  words,  *  Ifthe 

*  kingshduld  hanff  or  banish  an^  of  the  papists, 

*  his  throat  sh«tli  be  cut.'  This  is  laid  in  the 
same  form  in  ilie  indictment,  as  we  ha?e  it 
here  in  our  case.  If  you  please  it  may  be 
read  that  he  did  '  ad?isatp,  proditorie,*  speak 
aucb  and  such  words,  *  if  the  king,'  meaning 
our  sovereign  lord  the  king,  witliout  any  pre- 
vious discourse  of  the  king,  or  saying  it  was 
•poken  de  rege,  *  should  bang  or  banish  any 
'  of  tlie  pa]>it4i*  (quasdam  personas  mala  dis- 

*  positas,  &c.'  innuendo)  *  nis  throat  sliall  be 

*  cut'  He  was  convicted,  I  say,  and  I  think 
was  executed,  though  I  cannot  directly  tell 
that :  but  this  is  the  record  ol*  his  conviction. 

So  I  take  it,  it  is,  with  submission,  that  the 
precedents  go  all  along,  both  in  criminals  that 
mre  not  capitals,  in  indictments  and  informa- 
tions ;  and  also  in  indictments  for  high  treason. 
The  charging  the  words  to  be  spoken  to  stir 
up  sedition  and  rebellion  within  the  kingdom, 
without  the  help  of  any  averment  whatsoever, 
18  sufficient ;  that  is  a  strong  implication  tliat 
Ihev  are  spoken  of  the  king  and  government. 

And,  mV  lord,  as  to  these  words  they  could 
■ot  be  laid  otherwise,  than  they  are  in  this  in- 
dictment ;  for  this  is  all  that  the  persons  tliat 
are  the  witnesses  swore  was  spoken.  Your 
lordsliip  remembers  it,  it  was  so,  when  they 
B'ere  here,  tliey  could  swear  no  more.  So  that 
to  have  averred  that  he  K|>oke  to  them  '  de 

*  rcge  et  gubernatione,'  would  have  put  a  proof 
upon  us,  that  our  witnesses  woulci  not  nave 
come  up  to.  We  must  have  proved  a  discourse 
of  the  king  and  government,  and  a  swearing 
of  the  words  would  not  have  been  a  proof  of 
that.  The  jury  has  found  that  this  was  done 
to  stir  up  sedition,  and  to  levy  war ;  there- 
fore, I  conceive,  according  to  the  constant 
course  of  tlie  precedents,  there  is  no  need  of 
any  averment;  but  the  wnnls  are  well  laid, 
«nd  well  proved,  and  he  well  couvicted. 

To  say,  that  enemies  is  a  very  <veneral  word, 
and  that  we  have  enemies  of  all  suits,  and  that 
therefoiie  a  bare  innuendo  cannot  make  it  mean 
one  more  than  another,  is  odd  in  tliis  case  : 
Ibr  I  would fiiin  have  any  mau  assign  me  what 
sort  of  enemies  he  could  be  thought  to  mean. 
In  such  a  discourse  he  could  not  inea  spiritual 
enemies;  because  the  instiuiuents  hat  tlu*y 
were  to  be  destroyi^d  with,  were  carnal  wea  • 
pons,  broken  pitchei-s,  and  a  stone  in  a  sling. 
These  arc  not  tit  for  overcoming  spiritual  ene- 
mies ;  but  they  must  be  such  enemies  as  can  be 
destroyed  by  such  instnimenls,  camul  entinies 
that  are  to  be  vant|uished  by  outivard  force. 
And  tlien  what  enemies  can  such  a  public,  un- 
lanful  assembly  have,  but  the  govemnient .'' 
AU  that  arc  oi'tLeirown  sitleand  party  are  none 
of  their  enemies.  And  it  cannot  be  taken  dis- 
triUitivelv,  that  evary  particular  man  has  his 
mfiiuyf  tuat  is  a  Ibreign  ondorstandiug  :  but 


l684.— TKo/  of  Jhmm  RoieweU^     [S9f 

when  be  spoke  to  the  congregation  in  a  con- 
venticle, that  tliev  should  overcome  their  ene- 
mies, being  so  unlawfully  assembled,  that  must 
be  the  government.  And  bad  he  not  told  ^oa 
before,  who  were  the  enemies  that  he  plainly 
meant  ?  He  had  said,  that  the  king  was  a 
wicked  man ;  and  according  as  he  represented 
him,  an  enemy  to  God  and  man  by  introducing 
Popery  into  tne  kingdom.  And  you  are  to 
consider  the  time  when,  and  the  place  where 
these  words  were  spoken.  We  know  that  in 
these  conventicles  it  has  been  the  constant  cry, 
that  we  should  be  all  over-run  with  Pdnery,  and 
the  like :  and  therefore,  that  is  coniuteraMe  b 
the  case. 

Mv  lord,  I  make  a  great  difference  between 
wonfe  spoken  in  private,  and  wmds  spdun  in 
a  great  and  large  assembly.  It  is  tne  nme 
thing  as  if  it  had  been  spoken  at  the  heed  of 
an  army ;  especially  when  people  meet  con- 
trary to  the  laws  of  the  land  in  defiance  of  tko 
government,  and  gather  together  in  tncbgrMi 
multitudes ;  and  have  such  diaooursei  and 
opinions  broached  amongst  them.  1  cannot 
see  truly,  how  it  is  possible  to  have  been  better 
laid,  being  sworn  directly  as  it  is  laid ;  woA^a^ 
pecially  being  ibund  to  be  all  spoken  to  die" 
tlie  government,  and  to  raise  sedition 
rebelRon.  Thereibre  I  must  submit  it  to  ^ 
lordship ;  and  pray  your  judgment  agaiMlbt 
prisoner  for  the  king. 

SoLGen.  My  lord,  I  b«flrlpareto  add  out 
word  on  the  same  side.  That  which  I  rinJI 
apply  myself  to,  is  to  shew  that  thia  is  a  i 
good  indictment,  in  the  form  of  the  in  ^'''~ 
and  that  upon  this  matter  which  the  { 
proceeded  against ;  for  it  could  not  be  better. 

My  lord,  the  tact  charged  upon  the  | 
is  as  Mr.  Attorney  has  opened.  Then 
were  spoken  in  a  ccniventicle,  *•  The  peoplit 
«  make  a  flocking  to  tlic  king  to  cure  the  unn 
'  evil,  which  he  cannot  do,'  lee.  These  are  m 
words  upon  which  the  prisoner  was  co 
mitted :  tnese  are  the  words  u|M)n  which 
is  proceeded  against;  and  these  are  the  woi 
wliicli  have  been  found  against  him.  Ani^ 
my  lord,  more  words  than  these  are  nH 
alledgeil  to  be  spoken  by  the  prisoner,  nof 
prov»l  to  be  spoken  by  him  at  bis  tliol 
upon  this  indictment.  Therefore,  if 
uordsare  high- treason,  this  is  a  good  in 
ment  in  substance,  if  it  proves  so  too  in  i 
.'\nd  whethtT  these  words  are  not  themselfot 
treason,  1  shall  not  now  speak,  but  bhall  on^ 
go  to  shew,  as  1  said,  thai  it  is  a  good  indielf* 
ment  in  point  of  furin.  Fur  these  words  am 
his  crime,  as  sp<»keu  in  tlii^t  conventicle;  an4 
the  only  crime  of  whicii  he  was  accuoed,  and 
of  i^hich  he  is  found  q^iiilty. 

Now,  my  loi-d,  lei  us  sec  how  the  indictmcil 
is.  He  is  charged  uitli  compassing,  lan^- 
gining,  and  intending  to  raise  i-ebelUon,  adi  -* 
levy  war  in  th«i  kingdom,  and  to  depose  Atk 
king  ;  and  to  bring'  the  king  to  dcstnictiiNI| 
that  is  the  charge  of  high  treason,  in  tbekiai. 
of  it.  Now,  as  that  is  the  diarge,  it  ia  A 
absolute  necessity   to  alledgc .  an  OTert*ii% 


STATETRIAL8»  36Chahle§  II*  i68l.— /<^  High  Treason. 


fsgf'j 


irludt  miHt  t^  |irov^  tt>o ;  atidiftlierc  be  not 
tftorerVact^  the  indict oi^ot  isoauglif.  Well, 
thia,  the  trrtson  is  coin{»ju»Mifig  theaejtth  of  the 

111^  to  rai««  ^ition,  and  levy 

uve  oTert-«rt  churgetl  \i\w^ 

\\\h}\  to  bring  such  Kb  wicketrmirposes 

1I»  be  diti  traitrroutly  speak,  [niUlbh}  and 

^be  words  of  the  act  of  [lattiiiineni,  iu 

IS  Ci.  f  ,1  in   no  unlawful  assf^mhly,   in  the 

■pesfuce  of  diveri  of  the  kind's  Ruhjocis^  these 

ord«  that  I  rcfteated  before  to  your  lordship. 

No»r,  my  lord,  I  ask  ;  are  these  words  trea- 

[too  ID  l|icfiitel?pft«  or  «re  they  not  ?  If  they 

of  theriificK^efl^  then  the  indictment 

dj  g9od  in  form,  witliout  saying-,  that 

!  the  words  of  the  king,  or  of  the 

e  of  En^laod,  suhjects  of  the  ktoff.     For 

they  do  imp»rt  thiit  of  theni salines,  or 

fdonoi.   !fil  r«ortitof them«elres, 

rsijing  thai  !  L  them  of  the  king-, 

the  people,   would  have  been  imperti- 

idle,  i>pcaii*j*^  it  is  a  tliiog-  manilestly 

f  iiaelf.     If  they  do  not  jmport  this  of 

then  bad  it  been  charged,  that 

W«T«    tpoken  of  the  king  and  of  the 

pvople,  this  must  hare  been  proved. 

TbtfQ  00  then,  my  lord  :  if  it  must  hare  been 

»fcq^  it  mu^  have  been  prored  either  hy  the 

Uiemitetres,  or  by  something   else.     If 

m*  to    be    proved  by  the    words  them- 

rn  \  why  then  it  returns  to  the  ohl  question, 

f  •«  nee<i  not  altedge  it.     If  it  were  to  he 

tjtei  by  fomeihing  else,  then  the  fault  is  not 

I  di«  indictment,  but  it  must  be  want  of  other 

r  thin  what  our  witue-sses  would  pro  re  ; 

lun  iure,  would   have  been  a  very 

I  in  us  to  ha?*^  drawn  upon  oorsches. 

*ilie  vftiv^s   ittiport  of  themselves  the 

to  be  of  the  king,  and  of  the  people 

'^i  ;  then  it  is  (dain  they  make  the 


words,  that  they  do  not  import  in  themseUe 
flucli  a  rneauintj.     And  Oierefore,  1  thmk,  with'] 
suhinissioD,  1  have  m.iinlainod  iho  formof  thtH^ 
indictment  beyond  all  tHjnlradktion  ;  and  not-, 
withstanding  all  their  objections^  it  is  a  verj" 
tfood  form  without  the  words  *  dixit  de  re^e»  vc 
de  populo/ 

Ah  Mr.   Attorney  said,  it  is  necessary,  mj 
lord,  in  actions  on 'the  case  for  dander,  to  avcf 
*  dixit  de  querente/  because  he  most  ascertairi^ 
the  nerson  of  whom  the  words  arc  Sipoken,  t<i 
be  the  very  plaintift';  for  there  may  be  divert 
of  the  same  name :  and  you  must  always,  upo 
a  record,  ascertain  the  person,  to  entitle  th 
])laintiir  to  the  action  :    but  where  ivorrls  ar 
pregnant,  and  fuU  of  themselves,  there 
no  averment  in  such  a  case  ;  which   w  ithou 
sucli  pregnancy  w*ould  be  necessary,  and  if  m 
done,  the  action   would  faiL      As,  iu  that  i 
that  was  cited  by  Mr.   Attorney  of  sir  M\\^i 
Fleetwooil ;  if  it  had  been  that  the  words  wef( 
sir  Miles  Fleetwood  has  deceived  the  king:, 
would  not  have  borne  an  action,   unless  it  ha 
been  averred  to  have  been  K}K»keQ  of  him  as  ( 
cozening  the  king  in  his  office :  because  ge 
nerally  to  say  a  man  has  cozen etl  the 
will  not  bear  an  action,  it  is  so  loose.      Du 
when  he  says,  Mr,  Deceiver  ;  the  ironical nt« 
of  that  shall  not  excuse  him,  but  rather  < 
monstrate  both  who,  ami  what  he  meant ;  that 
it  shall   be  applied  to  htm,  as  doing  it  in  his 
office.      And,  bemg  so,  it  must  necessarily  be 
understood  to  be  a   verj'  great  slander  ;  'and 
then  it  needs  no  averment.     8o  says  the  bfxk. 

Ho  that  where  words  are  plain  and  full,  c.cn 
in  an  action  on  the  case,  there  reriuires  no 
avenuent :  but  in  indictments,  they  being  for 
offences  against  the  government,  the  very  an- 
cient forms  used  will  govern  the  case,  as  well 
as  the  reason  and  nature  of  the  thing  ;  that  no 


of  themselves,  and  there  requires  no  |  one  can  be  meant,  by  such  sort  of  wonU,  but  the 


iivvndii. 

As  oow,  for  instance,  my  lord,  to  change  the 
words  a  htile,  to  illustrate  the  case;  as  sup* 
t  ti  ha4  been  charged  in  the  indictment, 
I  bo  bring  his  wicked  purposes  forth  to  effect 
edid  speak  these  words  in  such  an  tissembly, 
^vicure  to  yourselves  arms,  and  make  your- 
""  idy  by  such  a  day,  and  go  to  nhiie- 

ad  kill  the  king  ;  would  any  man   have 
ETf,  that  it  was  nece-ssary  that  we  should 
Jtn  the  iiiitictment  that  he ''  d)x:it  de  populo, 
^  '*?iide  R-^gt?,*  so  and  so  ?  No,  cei-taiol  v,  it  ia  not 
ttrosoary,  because  the  words  plainly  import 
iMr  own  meaning* 

So  here  in  this  ca»c  ;  if  the  words  them- 
Mlvct  neeevtarily  import  to  be  sf»oken  of  the 
loigt  it  is  as  impertinent  here  to  say, '  dixit  de 
*  R^^  dixit  de  populo,'  as  iu  that  case ;  because 
K  b  no  more  than  what  thf y  necessarily  and 
naturally  import  of  (luinsclves  ;  which  shews 
that  this  averment,  tiiat  thev  would  have,  is 
alaolutrly  immaterial ;  and,  if  Jt  had  beeu 
ihirgrd.  would  have  reqtitred  some  other  proof 
ikMI  the  words  themselves.  And  so  the  tault 
^BUttol  b«»  at  they  would  alletlge,  tn  the  form 
•Ctlkt  btomeut  y  but  m  the  substance  of  the 


king  and  the  gov  ernmcnt :  and  for  that  I  rely 
upon  the  precedent*  that  have  been  cited,  that 
the  fonns  wew  always  thus.  The  precedents, 
with  humble  submission,  where  the  overt  act 
laidiu  th(?  indictmcMit,  i;;  by  words  s[>oken.that 
it  is  said,  *  dixit  de  Domino  Rege,'  ^c.  There 
is  not  one  that  dues  ever  carry  it  so,  but  the 
forms  are  constantly  iu  the  same  manner  with 
thi<  that  i-i  now  before  your  lordship,  without 
such  averment,  as  carrying  plain  surplusag* 
10  aver  that  which  the  words  necessarily  im- 
port. 

To  say,  my  lord,  in  this  case,  as  we  bear  i 
objected  on  the  other  side,  Thai  these  lorm 
passed  '  sub  silentio/  and  no  such  olyt*ction 
was  ever  made,  I  say,  that  is  no  ohj'-'ctiun  to 
our  indictment :  fur  the  at  gument  sui^e  turns 
the  other  way  ;  because  the  forms  ha%«*  been 
constantly  in  this  manner  that  ours  is,  thcrdbro 
tl  is  assigned,  that  what  they  otfer,  is  no  ob* 
jection  at  all ;  for,  douhtksx,  m  so  long  a  tract 
ot  time,  when  so  many  learned  men  sat  on  tlio 
bench,  and  »c  many  learned  of  the  king's  <Miun- 
sel  attended  the  king's  courts,  and  so  many 
persons  have  been  indicted,  tried,  and  sutfcred 
upoQfuch  it  dictments,  who  would  have  saved 


995]     STATE  TRIALS.  36  Charles  II.  l684.— Trtri  of  Thomi  Ratemlh     [996 

their  lives,  no  doubt  if  they  could,  by  ninking 
Kuch  advant^igt"  oC  such  an  exception  ;  that  is 
a  strong  arj^uuii-ut,  that  it  was  never  thoug^ht 
an  exre|)ii«»n.  So  that,  besides  the  reason  <if 
the  thiiur,  ttio  {iiwcciiuiis  art'  uli  witli  us,  which 
hatii  a!\v;iv.<>  lii-vu  ai.'.:ur.iUe<l  a  good  artfuincnt. 

r»iy  lord.  iiaiT::!  !ii;iuy  of  us  remember  the  ! 
ir.ili.'  tiii^nil-i  i*:'  iutier  liiUL-s :  paniculari y  that  of  { 
coloiK'l  Mdney  :  lhou!;jh  there  is  another  overt-  | 
net  UiU  iii  tlial  iudicniient  t<>o,  yet  that  is  no- 
thiii'j  to  this  ej;«L\     11'  there  hi-  but  one  overt-  | 
act  laid  in  tlie  indictment,  it  mnst  bn  proved  > 
by  t\v<i  uitnessvs  ;  but  if  theie  be  several  overt- 
acts  laid  in  the  indictment,  and  one  is  ptuvHl 
by  one  witness,  aod  tlie  other  by  anotluT  wit- 
ness, that  is  suHieietit  to  maintain  the  indict- 
inent.       In  3lr.  Sid:ie;/s  case  there  was  to 
one  fact  but  one  witness  ;  and  tbercfore  it  was 
nt\xrssarv  to  lay  snotherovcrt-eet,  which  was 
prcviMl  by  otla-r  witnesses.     And  one  overt-act 
comos  to  this  point  that  i:«  now  in  cpiestion  be- 
fore y<»ur  lordship.     It  is  in  this  form  dirf»ctly 
M'itJiont  an\  averment  that  the  words  were  spoke 
or  written  "*•  de  Kegfe  or  de  Ilegimine,'  but  that 
the  book  contained  so  and  so  :  and  the  tliint; 
itself  speaks  itself  of  whom  it  was  meant.     If 
therefore  the  words  in  that  case,  being"  proved, 
were  necessarily  to  be  applied    to    tlie  go- 
vernment of  Enjifland,  there  need  no  averment: 
No  more  does  there  here. 

My    lord,    not    to   trouble    your   lonlship 
fiirther  in  so  plain  a  case,  the  pri*ce<lents  bein^ 
thus,  and  it  being  knoivn  to  l>e  the  constant 
practice  in  point  of  form,  I  would  tain  Know 
what  they  would  lia\e  had  us  done.    The  wit- 
nesses swear  these   are  the  words,  ar.d  there  ] 
arr.  no  more  ;  how  thou  e:ui  we  frame  a  hitler  , 
indii-tmi'Mt,  than   iiptin   the  words  that   tln^y  • 
swtMr  were  i.p<ikeni*    3ly  lord,  we  pray  \our  j 
judgment  for  tlu*  kinj^.  "  '         \ 

jL,  C.  J.  >Voll,  ha> r  \  on  done  ou  Imih  sides  ?  ! 

Wr.  AlUy.niti,  Ye.s,  n:y  lord.  j 

L.  C.  J.  Truly  fur  nj\  j)ari,  I  think  this  is  , 
a  ease  (d'l^^rent  c;;)ns(.M'iMUCe  on  the  one  si.le,  1 
and  on  »i»e  olher.  I  hear  i;  is  suid  theiv  are  j 
abundance  oi'preertU'nts  in  the  ea&<',  utiw.  ha>e  I 
been  itu-ntiiMud,  and  it  is  n<  ix-ssary  wa  sluuild  ■ 
look  uj«'.ii  ihi'sc  precrdi'uts,  hcline  we  <!e!i\er  ! 
nn\  ah.xolulc  jjpiiiicn.  JJjit.  tn:ly  I  n;a..t  bay,  '■ 
IMr.  Attdrnrv's  prretMlcnts  hu\c  with  m?i^ci'v 
Jiliie  weight*.  And  I  mustilifl'er  iVom  Mr.  M-  I 
turuiy  in  antdher  thin*; :  tor  if  i::  t-iuic  the  last 
wcinls  v.Arc  out  ol"  the  ea^**',  of  *  s*».Hli::;j  lv»  ■ 
•their  principhs.  and  o\e:\N:i.;ijiiv  ihcir  one-  '• 
'  mics,*  do  \<Mi  liiink,  that  hcenisr  it  i^:  s;.i.|  jn  I 
tilt'  ion*  pari  of  tin-  iii'.irtuii  n'l  tli.ii  W  \\.Ui\m"\  | 
tiie  d^.ath  of  tin  Wiuir,  i.n.l  to  raiv  n-hciliuii.  j 
and  tlu'reloH'  sij'l,  lfnri'  *  wan*  mn  wjoke*! 
*  kiiiys  uho  m:1!'«  r.il  t'!>|.t  ly  lir.ilti  il  .  i.-nosis,  . 
and  wiTV  ti»  b:?  iikenrd  ii>  Jn-ib'-ani ;  lij..:  tisul  , 
wouM  U*  a  g^immI  indietii:;*!*!  for  hl<;!i  liC-aMUi  '.'  1 
TIk'o  it  wni'  plain  tin*  mX  of  parl::'i..i  ut,  i;;  j 
r'ar.  '2.  was  n»ade  to  no  purpose.  I'er  thou:;ii 
1  doubt  not  in  the  least,  v.'onls  nia^  be  an  oven-  • 
act  (A'  lii^li-ti'f  ason,  in  compassin;^  the  death  of  - 
the  kin^,  upon  the  stal.  of  C.>  i:ldw.  3.  I  make  ■ 
no  ditiiculty  iu  the  world  of  that:  so  was  my 


lord  Cobham's  case,  and  so  w]pve  the 
in  Harry  the  eiyfhth's  time,  *  We  will  drire 
the  kin{j^out  of  England,'  or  any  things  of  that 
nature:  1  say,  that  woidd  be  an  overt-ad 
sufficient  to  bfin{;  a  man  within  the  compaaaf 
the  statiite  of  *i  >  Edw.  3,  because  those  are 
ex'pn^ss  words  tending  to  the  death  and  de- 
struction of  the  kintf,  the  deposiu^r  him  and  de- 
priving him  ;  and  they  call  him  the  kuig.  But 
if  a  man  comes  and  says,  That  such  a  one, 
with  a  pu!*pose  and  intent  to  destroy  the  king^ 
said  these  words.  That  the  king  could  not  cure 
the  kin^jr's  evil ;  that's  not  such  an  overt-act  at 
to  make  ^ood  an  indictment  of  hi^h-treason. 
And  to  say,  that  the  kiiiif  introduces  Pc^ieiy 
under  his  nose  into  the  knigdom  :  why  it  if  b 
very  lii-^h  crime,  but  it  is  prescribed  by  the  act 
of  parliament  to  be  prosecuted  only  as  a  .iiui> 
demeanour,  and  punished  b\  Pramunlrc,  If  yon 
look  into  that  statute,  you  w  ill  tinci  which  waj 
the  words  shall  have*a  tendency,  that  are  to 
convict  :i  man  of  treason  ;  that  is,  that  teirf 
to  the  imprisonment,  bodily  harniy  death  ar 
destruction  of  tln^  kinv^,  or  laisiuflr  iuiiurrectioB, 
and  rebellioii  :  or  levying;  war  within  the  king- 
dom, that  is  hii^h -treason,  hut  words  thatM 
nut  nceessurily  tend  to  any  such  things ;  ■•  ti 
say  the  kiri^  is  a  IV.nist,  introduces  Popery,  ■ 
iHrnishly  udecti.'d,  phrases  that  some  people  de? 
ii;rht  in :  tl;at  has  a  peculiar  punishment  ap« 
poi:ite<l  to  it  by  this  act.  And  tliis  is  all  takeo 
uureof,  to  shew  the  judm^s  how  tuey  should 
proceed,  kun^  careful  of  leaving;:  it  loose,  in  n  * 
^rcat  3  case  as  hif^^h-lrcason.  And  tlie  |Murii>-' 
nient  seems  to  be  the  more  careful  in  il,  fao- 
causc  they  make  the  treasonable  words  such  M 
oiiVnce,  cJnrinpf  the  kiujL^'s  life  only.  Now,  ■• 
Tilr.  Solieilor  puts  the  case,  by  way  of  illusti»* 
lion,  in  oJier  words  ;  1  make  no  dnHculty,  bfll 
to  hid  men  pre  pare  arms,  and  ^)  to  WhitebaUi 
and  kiii  thn  kinir.  would  he  rauk  downngfat 
tirnson.  Would  any  man  in  the  world 
to  aver,  t!:at  that  were  an  overt- act  ?  No  i 
\Wi\\\r  wiM'h